Mott Haven Houses, Borough of Bronx, City of New York, In re

• Citation: 13 N.Y.2d 959,194 N.E.2d 424,244 N.Y.S.2d 458
• Parties: , 194 N.E.2d 424 In re MOTT HAVEN HOUSES, BOROUGH OF the BRONX, CITY OF NEW YORK. In the Matter of Acquiring Title by the City of New York, etc., for a federalaided project known as Mott Haven Houses, etc. The City of New York, Appellant, Eva Garfinkel Reisner, etc., Respondent.
• Decision Date: 31 October 1963
• Court: New York Court of Appeals

Page 458

244 N.Y.S.2d 458

13 N.Y.2d 959, 194 N.E.2d 424

In re MOTT HAVEN HOUSES, BOROUGH OF the BRONX, CITY OF NEW YORK. In the Matter of Acquiring Title by the City of New York, etc., for a federalaided project known as Mott Haven Houses, etc. The City of New York, Appellant, Eva Garfinkel Reisner, etc., Respondent.

Court of Appeals of New York.

Oct. 31, 1963.

Appeal from Supreme Court, Appellate Division, First Department, 16 A.D.2d 637, 227 N.Y.S.2d 891.

The City of New York, acting for and on behalf of the New York City Housing Authority, brought proceeding to condemn certain realty for a federal aided housing project.

The Supreme Court, Special Term, Bronx County, George Tilzer, J., 33 Misc.2d 808, 227 N.Y.S.2d 858, held that written appraisal of city was based on erroneous theory of damages, and the court, in making award, capitalized estimated net rentals derived from its estimate of fair rental value of entire property.

The Appellate Division, 16 A.D.2d 637, 227 N.Y.S.2d 891, unanimously affirmed the final decree without opinion.

The City of New York appealed to the Court of Appeals.

Leo A. Larkin, New York City (Seymour B. Quel and Irving Genn, New York City, of counsel), for appellant.

Lamb & Lamb, New York City (Loretta A. Conway, and Matthew J. Tackella, New York City, of counsel), for claimant-respondent.

Samuel Goldstein & Sons, New York City (Arthur D. Goldstein, New York City, of counsel), for Cynthia Torgow, Robert S. Silver and Abraham Raider, amici curiae.

Order affirmed, with costs.

All concur.