History
  • No items yet
midpage
In re the City of New York
13 A.D.2d 942
| N.Y. App. Div. | 1961
|
Check Treatment

Final decree unanimously modified, on the law and on the facts by reducing the award to $45,000, and as so modified, affirmed, with costs to the City of New York against the claimant-respondent-appellant. We are of the opinion that no allowance should have been made in this case for loss of plottage, for double frontage or for conjunctive use. The record indicates that there was no physical relationship, integration or use between the 85th Street and 86th Street properties. Hence, neither double frontage nor any other increment reflecting consequential damage to the bank plot on 86th Street was permissible (Matter of City of New York [Harlem Slum Clearance Project], 2 N Y 2d 735). Furthermore, no allowance for loss of plottage should have been considered because such an allowance would presuppose a demolition of the bank building on the 86th Street property which was not contemplated by the claimant. Under the circumstances, the record before us *943does not warrant an award in excess of $45,000. Settle order on notice. Concur — Botein, P. J., Breitel, Rabin, Valente and Bastow, JJ.

Case Details

Case Name: In re the City of New York
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jun 22, 1961
Citation: 13 A.D.2d 942
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.