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In re the City of New York

268 A.D. 876 Court N.Y. App. Div. Decision date 1944-10-23 English

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p. 876
In the Matter of the City of New York, Relative to Acquiring a Temporary Easement Required for the Brooklyn-Battery Tunnel by the New York City Tunnel Authority. (Proceeding No. 2.) City of New York, Appellant; Fiorenza Venda et al., Respondents.

On appeal by the City of New York from, so much of a final decree as contains awards for Damage Parcels numbers C-4 and C-7, decree modified on the facts by reducing the award for Damage Parcel C-4 from $4,000 to $2,500, and for Damage Parcel C-7 from $13,500 to $8,500. As so modified, the decree, insofar as appealed from, is unanimously affirmed, without costs. Findings of fact inconsistent herewith are reversed. On all the credible evidence, the awards, as modified, constitute the fair value of the improvements and. of the rental value of the land for four months, as of the time of vesting on August 19, 1942. Present — Hagarty, Acting P. J., Carswell; Adel, Lewis and Aldrich,- JJ.