Legal Opinion · Concurrence

In re the City of New York

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 1963Published

1Concurrence

Eager, J. (concurring in result).

I concur in the result. For the reasons stated in the opinion of the majority, I would modify the final award for D. P. 40 to increase the same as therein indicated. I would reverse and vacate the awards for the five parcels where parking lots were involved and also the award for Damage Parcel 60, and remand for retrial the issues with respect to valuation of said parcels, but I do not concur in full with the reasoning of the majority.

I would agree, of course, that the market value for unimproved land in an area plus replacement cost of improvements, less…

2Cases cited11 opinions

  1. United States v. MillerSupreme Court of the United States · 1943
  2. Mitchell v. United StatesSupreme Court of the United States · 1925
  3. Banner Milling Co. v. State of New YorkNew York Court of Appeals · 1925
  4. In Re Acquiring Title by City of New YorkNew York Court of Appeals · 1910
  5. Sparkill Realty Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1938

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