MATTER OF NEW YORK CITY TRANSIT AUTH. v. ESTATE OF DONNER


160 A.D.2d 479 (1990)

In the Matter of New York City Transit Authority, for and on Behalf of The City of New York, Relative to Acquiring Title to Real Property for The Gun Hill Bus Depot. Batter-up, Inc., Appellant, v. Estate of Max Donner et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 17, 1990


The property which is the subject of this controversy is part of a parcel owned by the estate of Max Donner which was rented to claimant pursuant to a written lease for a term of 11 years. At the time the city applied to acquire title to the property, six years remained on claimant's lease. Consequently, claimant sought recovery for the value of its unexpired leasehold interest. The hearing court determined that claimant failed to demonstrate that its leasehold interest had...

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