92 N.Y.S. 8 | N.Y. App. Div. | 1905
This is a dispute, between the owner of certain property, the title to which has been acquired by the city of New York in this pro. ceeding, and certain tenants in possession of a portion of said property. The appellant, John Glass, was the owner of the premises in question which at the time of the institution of this proceeding was in possession of thé tenants; the respondents Conron Brothers being in possession of the premises known as No. 7 on the damage map, under a lease beginning May 1, 1896, for ten years, at an annual rental of $3,000 a yéar; the premises known on the damage map. as No. 9 being in the possession of the respondents T. H. Wheeler Conipany, under a lease beginning May 1, 1896, for ten years, at an annual rental of $4,400 the premises No. 8 on the damage map being in the possession of Armour & Co., under a lease beginning November 1,1891, at an annual rental of $2,500; and the property No. 12 on the damage map being in the possession of the Metropolitan Hotel Supply Company, under a lease beginning March 1,1896, for seven years and two months, at an annual rental of $2,750. The Commissioners awarded for the property taken $1,155,129.78. To this award as the total value of the property no objection was taken. The commissioners awarded to the lessees of plot No. 7, Conron Brothers, for the value of their leasehold, the sum of $5,014.60, and also awarded to CoUron Brothers for “ fixtures not so attached as to have become the property of the owner of the land ”■ the sum of $30,000. The commissioners awarded to Armour & Co. as lessees of plot No. 8 for “fixtures not so attached as to have become the property of the owner of the land,” $3,500. The commissioners awarded to the T. H.- Wheeler Company as lessees of plot No. 11 for the value of their leasehold the sum of $4,763.87, and also to . the T. H. Wheeler Company for' “ fixtures not so attached, as to have become the property of the owner of the land,” $4,000. ■ The com
Upon this report coming on for confirmation at a Special Term of the Supreme Court, it was confirmed in all respects, except as to these awards for fixtures ; and as to thém the report was confirmed so far as the city of Hew York was concerned; but the report was not confirmed so far as the ownership of the fixtures was concerned or the right- to such award, and the objection of the parties as to such ownership was reserved for the further decision of the court. By a subsequent Order of the court entered on the 26th day of May, 1904, the question reserved in the original Order was determined and' the said report was confirmed so far as it awarded to the T. IT. Wheeler Company for fixtures the sum of $4,150, and to John E. Conron and Joseph Conron, composing the firm of Con-ran Brothers, for fixtures the sum of $30,000'; but the award to John Glass, the landlord, for the suin'of $7,500 for fixtures ivas not confirmed, and the report in that particular was sent back to the commissioners for correction; and from .that Order the landlord, John Glass, appeals. Thus, the value of the property taken by the city, including what is designated fixtures and for which the city was to pay, was settled by these orders, and from that determination no appeal is taken. •
The value of 'the property thus acquired by the city being fixed, the question to be determined was, who is entitled to: the money to be paid by the city for the property acquired. The commissioners ascertained and determined the value of the leases, and for that they made an award,to tlie lessees. The amount of that award is not disputed. At the same time they valued certain improvements upon the demised premises. The amount of that award is not disputed,' but the question is whether it should be paid to the landlord or to the tenants.' The leases under which these tenants held -possession were’, introduced before the commissioners. The lease to Conron Brothers was dated January 21, 1896, and Avas for ten years fróni May 1, 1896, at an annual rental of $3,000. The tenant covenanted to keep the premises in repair and at the expiration of the term to deliver up the demised premises in good order and condition.
II nder these leases the tenants made certain alterations and repairs in the buildings upon the demised premises necessary to adapt the premises to the use to which they were to be pitt, but it is quite clear from the testimony that the right; to renta ye. this property by the tenants would have been of little if any value. Thus, Mr. Wheeler, testifying as to the property that was put in by the Wheeler Company, stated generally that an ice box for which he made a claim could- be taken out, but that it would then be mere lumber and it would be impossible to restore it to the same condition in any other place; and that various partitions and pipes could be taken out without materially injuring the building, but there was no evidence to show, that after they had been taken out they would be of any substantial value. The testimony on behalf of the tenants ' Conron Brothers, was that they were, in.-the wholesale >poultry and . game business, that they installed a cold storage plant to supply cold
All of the machinery and other appliances installed by these tenants was valuable only to the tenants in the buildings, and detached
As I read this testimony, there is*no evidence to justify any award to the Metropolitan Hotel Supply Company or to Armour Co.
My conclusion is that the order appealed from, so far as it refused to confirm the report as to the award made to Armour & Co. and the Metropolitan Hotel Supply Company, should be reversed and the report confirmed; that as to the Wheeler Company the order appealed from should be reversed and the matter sent back to the commissioners with directions to award the value of the fixtures described in the report, as property detached from the freehold, and that in relation to Conron Brothers, the order appealed from should be reversed and the matter sent back to the commissioners to make an award to them for the property taken by the city belonging to them which they had a right to remove and which value should be based upon the value of the particular property after it had been detached from the building at the expiration of the term demised; the appellant to have costs of this appeal against the respondents.
Yah Bruht, P. J., Patteesoh, Hatch and Laugtilih, JJ., concurred.
As to Armour & Co. and Metropolitan Hotel Supply Company order reversed and report confirmed; and as to Wheeler Company and Conron Brothers, order reversed and matter. sent back to the commissioners as'stated in opinion. Costs of appeal to appellant against the respondents.
8io.