Legal Opinion
In re the City of New York
New York Court of Appeals
Decided February 9, 1978PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
In this eminent domain proceeding, the sole question before us is whether financing costs that would have had to be expended in the course of reproducing a building situated on a taken parcel are to be included in an award properly calculated in accordance with the summation method (reproduction cost less functional and physical depreciation). We hold that they are.
The property, in the Borough of Manhattan, consists of a land area on which is located a five-story brick structure. It was originally erected, later renovated and, at all times until its…
2Cases cited10 opinions
- Banner Milling Co. v. State of New YorkNew York Court of Appeals · 1925
- Becker v. Huss Co.New York Court of Appeals · 1978
- Great Atlantic & Pacific Tea Co. v. KiernanNew York Court of Appeals · 1977
- Kahlen v. . State of New YorkNew York Court of Appeals · 1918
- Wolfe v. State of New YorkNew York Court of Appeals · 1968
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Merrick Holding Corp. v. Board of AssessorsNew York Court of Appeals · 1978
- 41 Kew Gardens Road Associates v. TyburskiNew York Court of Appeals · 1987
- Matter of Urban Renewal [Patchen Post]New York Court of Appeals · 1978
- Long Island Lighting Co. v. Assessor for BrookhavenAppellate Division of the Supreme Court of the State of New York · 1994
- Saratoga Water Services, Inc. v. Saratoga County Water AuthorityNew York Court of Appeals · 1994
13 more not listed; retrieve them via the Exa API.