In re City of New York

• Decision Date: 13 June 1905
• Citation: 74 N.E. 840,182 N.Y. 281
• Parties: In re CITY OF NEW YORK.
• Court: New York Court of Appeals Court of Appeals

182 N.Y. 281

74 N.E. 840

In re CITY OF NEW YORK.

Court of Appeals of New York.

June 13, 1905.

Appeal from Supreme Court, Appellate Division, First Department.

In the matter of the city of New York, relative to acquiring title to certain lands. From an order of the Appellate Division (92 N. Y. Supp. 8,101 App. Div. 527), reversing an order of the Special Term confirming the report of commissioners of estimate and assessment to make an assessment in part, and sending back in part the said report for correction J. Ogden Armour and others, tenants of John Glass, the owner of the premises appeal. Affirmed.

The respondent, John Glass, was the owner of premises known as Nos. 3, 5, 5 1/2, 7, 9, 11, 13, and 15 Bloomfield street and Little West Twelfth street, in the borough of Manhattan, which were taken by the city of New York in this proceeding. The premises were occupied by four tenants, who now appeal: (1) J. Ogden Armour, (2) the Metropolitan Hotel Supply Company, (3) the T. H. Wheeler Company, and (4) Conron Bros. These tenants used the premises for refrigerating or cold storage purposes, and (excepting the Metropolitan Company) made the alterations to the premises for which damages were awarded by the commissioners. For the fixtures on the premises of the respondent, Glass, occupied by Armour, the award was $3,500; for the fixtures on the premises occupied by the Metropolitan Hotel Supply Company, $4,000; for the fixtures on the premises occupied by the T. H. Wheeler Company, $4,150; and for the fixtures on the premises occupied by Conron Bros. $30,000. The commissioners by their report made the awards on the Wheeler Company and Conron Bros.' premises to the said tenants, respectively, and the two awards on the Metropolitan Company and the Armour premises to the owner, the respondent landlord. On motion to confirm the report, the Special Term held that the commissioners erred in making the awards to the landlord for the fixtures on the Metropolitan Company and the Armour premises, and to that extent directed that the report be sent back for correction, and confirmed the report so far as it awarded to the tenants the damages for the improvements and fixtures on the Wheeler Company and Conron Bros.' premises. There were also allowed to the tenants certain sums for the unexpired term of their respective leases that are not involved in this appeal.

William H. Harris, for appellants.

David Gerber and Michael J. Mulqueen, for respondent.

BARTLETT, J. (after stating the facts).

From this disposition of the case made by the Special Term an appeal was taken to the Appellate Division, where the order was reversed, and the report of the commissioners unanimously affirmed as to the claims of the Metropolitan Company and J. Ogden Armour. As to these claims there was a question of fact involved whether the fixtures for which awards had been made by the commissioners were distinctively realty or trade fixtures, which could be removed as between landlord and tenant. The Appellate Division determined this question...