In re The City of New York

250 A.D. 878, 297 N.Y.S. 701, 1937 N.Y. App. Div. LEXIS 9539

Opinion

—■ Decree reversed on the law and the facts and a new trial granted, with costs to claimant-appellant to abide the event, unless within ten days from the service of a copy of the order hereon, The City of New York stipulate that the amount of the award for damage parcels Nos. 2, 3 and 4 be increased from $2,682.15 to $6,258.35; if The City of New York so stipulate, the decree, as thus modified, is unanimously affirmed, in so far as an appeal is taken therefrom by claimant, with costs of appeal to appellant-claimant. In our opinion the award was grossly inadequate. Decree, in so far as appeal is taken therefrom by the city, unanimously affirmed, without costs. (Matter of City of New York [East 96th St.], 243 App. Div. 809.) Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur.