In re City of New York — 247 N.Y. 569

Majority

p. 569

In the Matter of the Application of the City of New York, Respondent, Relative to Acquiring Title to Real Property Required for the Widening of Fourth Avenue in the Borough of Manhattan. Pablex Holding Company, Appellant.

Headnote

Municipal corporations — New York city — street widening proceedsings — damages — erroneous measure of damages in award in street widening proceeding.

Matter of City of New York (Fourth Ave.), 221 App. Div. 458 , affirmed.

(Argued January 9, 1928;

decided February 14, 1928.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered

p. 570

July 25, 1927, which reversed an order of Special Term awarding damages and assessing benefits in a street widening proceeding and remitted the proceeding to the Special Term for a rehearing on the ground that the award had been made on an erroneous theory. Appellant owned property one block square with frontage on Fourth avenue. In this proceeding a strip 20 feet in width was taken for the purpose of widening said avenue. In fixing damages the trial court took as a basis lots 100 feet deep on Fourth avenue, fixed a value for them and then allowed as damages twenty-five per cent of such value. This the Appellate Division held to be erroneous.

Martin Conboy and David Asch for appellant.

George P. Nicholson, Corporation Counsel (Joel J. Squier of counsel), for respondent. ,

Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman and O’Brien, JJ. Dissenting: Andrews and Kellogg, JJ.