Lincoln Square Slum Clearance Project in Borough of Manhattan, City of New York, In re
| Decision Date | 22 April 1965 |
| Citation | 208 N.E.2d 172,260 N.Y.S.2d 439,16 N.Y.2d 497 |
| Parties | , 208 N.E.2d 172 In re LINCOLN SQUARE SLUM CLEARANCE PROJECT in BOROUGH OF MANHATTAN, CITY OF NEW YORK. In the Matter of the City of New York, Respondent, Relative to Aquiring Title to Real Property Required for Lincoln Square Slum Clearance Project Within the Area Bounded by West 60th Street and Other Streets in the Borough of Manhattan. Schnurmacher Corporation et al., Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Bernard L. Bermant and Edward F. McShane, New York City, for appellants on damage parcels 27, 329, 384 and 412 and for appellants on review of order which denied motion concerning interest.
Samuel Goldstein, Arthur D. Goldstein and M. Robert Goldstein, New York City, for appellants on damage parcels 85-88, 167-168, 272 and 273.
Eugene J. Morris, Isaac Sherman and Lazarus Joseph, New York City, for appellant on damage parcels 323 and 359.
Leo A. Larkin, Corp. Counsel (Milton H. Harris, Irving Genn and Seymour B. Quel, New York City, of counsel), for respondent.
The order of the Appellate Division should be affirmed, with costs to the City of New York.
The rate of interest to be paid upon any judgment or accrued claim against a municipal corporation arising out of a condemnation proceeding 'shall not exceed four per centum per annum' (General Municipal Law, Consol.Laws, c. 24, § 3-a). An award of costs to a successful appellant is governed by CPLR 8107, which we do not regard as an unconstitutional diminution of the award. As to damage parcels Nos. 27, 272, 273 and 412, we are satisfied that the reductions made in the Appellate Division were supported by a fair preponderance of the evidence. In connection with damage parcels Nos. 27 and 412, we think the court below fell into inadvertent error when it indicated that it had taken into consideration rentals reserved in certain of the leases which were less than the fair rental values at the time of taking (cf. Matter of City of New York (Mott Haven Houses), 33 Misc.2d 808, 809-812, 227 N.Y.S.2d 858, 860-863, affd. 16 A.D.2d 637, 227 N.Y.S.2d 891, affd. 13 N.Y.2d 959, 244 N.Y.S.2d 458, 194 N.E.2d 424). However, this does not require a reversal, since as the Appellate Division quite properly observed 'the actual rentals are no absolute criterion', which principle it quite evidently took into consideration along with the other proof that was properly adduced bearing on the issue of market value which, when taken together,...
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