In re City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
This appeal raises the question of the types of machinery, equipment, tools and other items installed on business premises that are compensable as trade fixtures in the context of eminent domain.
On July 20, 1998, the City acquired title by eminent domain to the property at 3087 Third Avenue in the Bronx, as part of the Melrose Commons Urban Renewal plan. At the time of the taking, claimant Kaiser Woodcraft was the owner and sole occupant of the property, at which it had operated a woodworking business. In addition to seeking compensation for the taking of the real…
2Cases cited9 opinions
- Matter of City of New York (Whitlock Ave.)New York Court of Appeals · 1938
- Marraro v. State of New YorkNew York Court of Appeals · 1963
- Rose v. State of New YorkNew York Court of Appeals · 1969
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1961
- In re the City of New YorkNew York Court of Appeals · 1978
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3Cited by6 opinions
- In the Matter of City of New YorkNew York Court of Appeals · 2008
- In re Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 2007
- In re USA Niagara Development Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- In re City of New YorkNew York Supreme Court · 2008
- Mazur Brothers, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 2012
1 more not listed; retrieve them via the Exa API.