Legal Opinion

In re West Bushwick Urban Renewal Area, Phase 2

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 2010PublishedCited by 1 opinion

1Opinion of the Court

In a condemnation proceeding, the claimants 534 Bushwick *709Avenue Corp., and Sound and Security Solutions, Inc., appeal from an order of the Supreme Court, Kings County (Gerges, J.), dated August 1, 2008, which granted the motion of the condemnor, the City of New York, to dismiss their claim for compensation for trade fixtures.

Ordered that the order is affirmed, with costs.

Where an “improvement is inconsistent with the highest and best use of the property, the claimant is not entitled to compensation for that improvement” (Matter of West Bushwick Urban Renewal Area Phase 2, 69 AD3d 176 [2009];…

2Cases cited6 opinions

  1. Acme Theatres, Inc. v. StateNew York Court of Appeals · 1970
  2. In re the County of NassauAppellate Division of the Supreme Court of the State of New York · 1973
  3. In re the County of NassauNew York Court of Appeals · 1976
  4. Irv-Ceil Realty Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1973
  5. In re West Bushwick Urban Renewal AreaAppellate Division of the Supreme Court of the State of New York · 2009

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. EASTERN EFFECTS, INC. v. THE CITY OF NEW YORK, NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, and ANDREW KIMBALL, in His Official Capacity as President of New York City Economic Development CorporationDistrict Court, E.D. New York · 2026

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