Appellate Division of the Supreme Court of New York, 1974

In re the City of New York

In re the City of New York
Appellate Division of the Supreme Court of New York · Decided October 15, 1974
46 A.D.2d 618; 359 N.Y.S.2d 802; 1974 N.Y. App. Div. LEXIS 3954
In re the City of New York

Opinion of the Court

— Decree, Supreme Court, New York County, entered June 10, 1974, awarding $45,000 for the land and improvements of the claimants, unanimously modified, on the law, to the extent of increasing the award to $49,219, and otherwise affirmed, without costs and without disbursements. Under all the circumstances presented, the evaluation used should have been based on a capitalization rate of 6.4% resulting in an increased award as indicated. However, we agree with the trial court that claimant was not entitled to any additional compensation for loss of plottage (cf. Matter of the City of N. Y. [Manhattan Sav. Bank], 13 A D 2d 942). Concur — McGivem, P. J., Markewieh, Kupferman, Lupiano and Lane, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.