In re the City of New York

The fee owner appeals from so much of a final decree in condemnation as apportioned $42,000 of the award to the lessee.

The claimant-respondent occupied the premises as a tenant under a twenty-one-year lease commencing July 1,1941, and expiring June 30,1962, for a gasoline station, garage and kindred uses. The unexpired term of the lease was fourteen years and four months. The lease fixed an annual minimum rent, which graduated from $1,500 per annum to $4,200 per annum. On the date of vesting title, February 25, 1948, the lessee was paying $3,300 per year. The lease, however, contained an…