Legal Opinion

Matter of City of New York (Whitlock Ave.)

New York Court of Appeals

Decided July 7, 1938PublishedCited by 50 opinions

1Opinion of the CourtFinch, J.

This is a condemnation proceeding instituted to acquire title in fee to real property required for the opening and extending of Whitlock avenue in the borough of the Bronx, New York city. Two awards are involved on this appeal.

The Acme Ribbon Mills, Inc., as a lessee, maintained and operated a silk ribbon manufacturing business in a factory building located on the condemned property. In other words, this lessee rented space in a completed building and brought to it its own machinery. The city petitioned to condemn the real property, and the Acme made claim for compensation for the taking of…

2Cases cited8 opinions

  1. Matter of City of New York (Allen St.)New York Court of Appeals · 1931
  2. Banner Milling Co. v. State of New YorkNew York Court of Appeals · 1925
  3. McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
  4. Murdock v. . GiffordNew York Court of Appeals · 1858
  5. Matter of City of New York (West 10th St.)New York Court of Appeals · 1935

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3Cited by50 opinions

  1. Anaconda-Ericsson, Inc. v. Hessen (In Re Teltronics Services, Inc.)United States Bankruptcy Court, E.D. New York · 1983
  2. Marraro v. State of New YorkNew York Court of Appeals · 1963
  3. In the Matter of City of New YorkNew York Court of Appeals · 2008
  4. Rose v. State of New YorkNew York Court of Appeals · 1969
  5. City of Huron v. JelgerhuisSouth Dakota Supreme Court · 1959

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