Movieplex 42, Inc. v. New York State Urban Development Corp.

Order, Supreme Court, New York County (Leland G. De-Grasse, J.), entered August 13, 2007, which granted respondent’s motion to strike the claim for fixture compensation, unanimously affirmed, without costs.

The court properly determined that the claim for the value of the fixtures was encompassed in the award for the value of the theater building (see Matter of City of New York [Lincoln Sq. Slum Clearance Project], 24 Misc 2d 206, 208 [1960] [“to give the owner an additional award for fixtures would be to duplicate the award which was heretofore made for the theatre building based on a rental…