IN THE MATTER OF CITY OF NEW YORK v. AMERICAN PIPE AND TANK LINING CO., INC.

Nos. 7394-7395, 401266/10.

94 A.D.3d 566 (2012)

942 N.Y.S.2d 487

2012 NY Slip Op 2800

In the Matter of CITY OF NEW YORK, Respondent, v. AMERICAN PIPE AND TANK LINING CO., INC., Appellant.

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

Decided April 17, 2012.


The documentary evidence demonstrates that claimant and nonparty 538-540 West 35th Corporation (538 Corporation), the latter of which owned the condemned real property at issue, were owned and controlled by the same person. As a result, the IAS court correctly held that claimant was not entitled to additional compensation for trade fixtures, since petitioner paid 538 Corporation for condemnation of the real property based on a determination that redevelopment, and disposal...

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