W. BUSHWICK URBAN RENEWAL

2008-05382

69 A.D.3d 176 (2009)

888 N.Y.S.2d 525

In the Matter of WEST BUSHWICK URBAN RENEWAL AREA, PHASE 2. GEORGE CHO et al., Appellants; CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

October 20, 2009.


Attorney(s) appearing for the Case

Goldstein, Goldstein, Rikon & Gottlieb, P.C., New York City (Jonathan Houghton of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York City (Lisa Bova-Hiatt, Fred Kolikoff and Brooke Zacker of counsel), for respondent.

MASTRO, J.P., ENG and HALL, JJ., concur.


OPINION OF THE COURT

DICKERSON, J.

In this case, we consider whether the claimants, each of whose real property was acquired by the condemnor, City of New York, are entitled to compensation for certain trade fixtures located on their property. We hold that, where, as here, trade fixtures are inconsistent with the highest and best use of the property that is the subject of the taking, claimants are not entitled to compensation for both the property in its...

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