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MATTER OF CITY OF NEW YORK

39 A.D.3d 131 (2007)

837 N.Y.S.2d 2

In the Matter of CITY OF NEW YORK, Appellant, Relative to the Melrose Commons Urban Renewal Area, Phase II. KAISER WOODCRAFT CORP., Respondent.

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

February 20, 2007.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Fred Kolikoff, Lisa Bova-Hiatt and Emily Cohen of counsel), for appellant.

Goldstein, Goldstein, Rikon & Gottlieb, P.C., New York City (Michael Rikon of counsel), for respondent.

MAZZARELLI, J.P., MARLOW, SULLIVAN AND WILLIAMS, JJ., concur.

OPINION OF THE COURT

SAXE, J.

This appeal raises the question of the types of machinery, equipment, tools and other items installed on business premises that are compensable as trade fixtures in the context of eminent domain.

On July 20, 1998, the City acquired title by eminent domain to the property at 3087 Third Avenue in the Bronx, as part of the Melrose Commons Urban Renewal plan. At the time of the taking, claimant Kaiser Woodcraft was the owner...

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