In re the City of New York

Final decree as to awards for damage parcels 116, 116A and 116B reversed upon the law, the awards, in so far as appealed from, set aside, without costs, and the proceeding remitted to Special Term for a new trial or hearing as to said damage parcels. We are of opinion that the learned trial court based the awards for damage upon a wrong theory. Respondent, appellant, West Tenth Street Realty Corporation, is entitled to substantial damages for the taking of the fee of damage parcel 116, but only suph as may be measured by the value of the land subject to the private easements created by the…