Legal Opinion

In re City of New York

New York Supreme Court

Decided May 28, 1925PublishedCited by 2 opinions

1Opinion of the Court

Proskauer, J.:

The claimant owns the unimproved block bounded by Lexington and Fourth avenues and Thirty-second and Thirty-third streets. A twenty-foot strip on the Fourth avenue front is being taken by the city for the purpose of widening that thoroughfare.

The city urges that I fix compensation therefor by estimating the value of the entire square block, then the value of the portion which would remain after the taking, and consider the difference as the value of the property taken. This theory, as stated, would obviously dilute the worth of the more valuable Fourth avenue front by averaging…

2Cases cited2 opinions

  1. Matter of City of New YorkNew York Court of Appeals · 1907
  2. In re Commissioner of Public WorksAppellate Division of the Supreme Court of the State of New York · 1909

3Cited by2 opinions

  1. In re City of New YorkNew York Supreme Court · 1948
  2. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1927

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