City of New York v. Allied Stores of New York, Inc.

Decision Date06 July 1978
Citation380 N.E.2d 158,408 N.Y.S.2d 327,44 N.Y.2d 965
Parties, 380 N.E.2d 158 In the Matter of the CITY OF NEW YORK, Respondent, relative to acquiring Title to Real Property for a Project known as York College Urban Renewal, Stage I, in the Borough of Queens, v. ALLIED STORES OF NEW YORK, INC., Appellant. In the Matter of the CITY OF NEW YORK, Respondent, relative to acquiring Title to Real Property for a Project known as York College Urban Renewal, Stage II, in the Borough of Queens, v. ALLIED STORES OF NEW YORK, INC., et al., Appellants.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

Order affirmed, with costs.

It is not necessary in this case to determine how rigid should be the standards of contiguity, unity of use, and unity of ownership in allowing to the owner or lessor of satellite property taken in eminent domain consequential damages sustained to adjacent principal property not involved in the taking. Even if those standards were to be extended, and perhaps in a proper case they might be, the occasion for such extension does not arise when, as in this case, the claimant was able by purchasing or leasing other properties to duplicate practicably the function previously served by the properties taken. It is not material that the replacement property was somewhat more costly, especially if it were a replacement of higher quality and value, inasmuch as the new acquisition remains an asset of the condemnee. It is evident that too flexible a standard would expose the condemnor unjustly to underwriting uncontrollable risks of business judgment and economic events of the future.

Concretely applied to this case, if in fact the claimant's department store were deprived of any automobile parking facilities for its customers and employees, in this day of shifting of commerce away from urban commercial districts to less urban shopping centers, then an argument for consequential damages applying more flexible standards would have been presented. Since, however, claimant was able, practicably, even at some greater capital investment, to replace the parking lots with a parking garage even closer to its department store, the more traditional standards should apply.

The thoughtful dissenting opinion at the Appellate Division relied on authorities...

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2 cases
  • In re Acquisition of Real Prop. By the Cnty. of Warren. Forest Enters. Mgmt., Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • April 9, 2020
    ... ... Court, Appellate Division, Third Department, New York.Calendar Date: February 20, 2020Decided and Entered: April ... quotation marks and citations omitted]; see Matter of City of New York, 55 A.D.2d 615, 616617, 389 N.Y.S.2d 404 ... ...
  • Bianchi v. City of Harlan
    • United States
    • United States State Supreme Court — District of Kentucky
    • May 22, 2008
    ... ... City of New York v. Allied Stores of New York, Inc., 44 N.Y.2d 965, 408 ... ...

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