In re the City of New York — 13 A.D.2d 925

Majority

p. 925

In the Matter of the City of New York, Respondent-Appellant, Acting for and on Behalf of the New York City Housing Authority, Relative to Acquiring Title to Real Property Within the Area bounded by Jackson Avenue and Other Streets, in the Borough of The Bronx, City of New York, as a Site for E. Roberts Moore Houses. Cities Service Oil Company, Appellant-Respondent.

Decree unanimously modified, on the law, and on the facts, by reducing the award made at Special Term for Damage Parcel No. 25 from $68,750 to $55,000, and, as so modified, the decree is affirmed, with costs to the City of New York against claimant-appellant-respondent. The evidence contained in the record before us does not support an allowance in excess of the amount to which the award has been reduced. Settle order on notice. Concur—Breitel, J. P., Valente, Stevens, Steuer and Bastow, JJ.