In re the City of New York

OPINION OF THE COURT

Memorandum.

On the appeal by the City of New York, the order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the matter remitted to the Apellate Division, Second Department, for a review of the facts.

Special Term awarded claimants a 5% value increment for plottage. The court noted that while the customary award for plottage is 10%, a lesser award was appropriate here because this parcel was so large that it was nearing the point of “maximum utility” and its value as an aggregate of lots was only slightly greater than the sum of the…