Legal Opinion
In the Matter of City of New York
New York Court of Appeals
Decided October 28, 2008PublishedCited by 37 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
At the heart of this condemnation proceeding is the question whether certain equipment qualifies as compensable trade fixtures.
Factual Background
On July 20, 1998, the City of New York acquired title by eminent domain to property located at 3087 Third Avenue in the Bronx. The land was owned and occupied by Kaiser Woodcraft Corporation. For nearly 40 years Manfred Kaiser, founder and president of the corporation, operated a woodworking shop on the premises. In addition to seeking compensation for the underlying real estate, Kaiser’s appraiser claimed that…
2Cases cited11 opinions
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- Jackson v. . State of New YorkNew York Court of Appeals · 1914
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Potter v. . CromwellNew York Court of Appeals · 1869
- Matter of City of New York (Whitlock Ave.)New York Court of Appeals · 1938
6 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Rose Park Place, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of County of Orange v. Monroe Bakertown Rd. Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- In re West Bushwick Urban Renewal AreaAppellate Division of the Supreme Court of the State of New York · 2009
- Matter of T-Mobile Northeast, LLC v. DeBellisAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Queens W. Dev. Corp. (Nixbot Realty Assoc.)Appellate Division of the Supreme Court of the State of New York · 2014
32 more not listed; retrieve them via the Exa API.