City of Manhattan v. Galbraith

Gernon, J.:

This appeal concerns the apportionment of a.condemnation award. Taco Tico, Inc., (Taco Tico) as a tenant, appeals from the district court’s decision to award the entire amount of a condemnation award to Dana and John Galbraith and Lisa and William Scott (Galbraith and Scott), the owners of the property in question. Taco Tico contends the district court erred in ruling the termination clause of the lease precluded it from sharing in a portion of the condemnation award for the loss of its leasehold.

Taco Tico leased property from Galbraith and Scott and subleased the property to its…