In re the City of New York

266 A.D. 828, 42 N.Y.S.2d 308, 1943 N.Y. App. Div. LEXIS 4677

Opinion

Per Curiam.

After examining the record we think Special Term failed to give the proper relative weight to the conflicting evidence and thus arrived at a value that was inadequate. Accordingly the final decree, so far as appealed from, should be modified by allowing an award on Damage Parcel Ho. 43 of $60,293 (improvements $40,000), and on Damage Parcel Ho. 43A of $174,800 (improvements $115,000), making an aggregate total award to City and Suburban Homes Company for damage parcels numbered 43 and 43A, land and improvements, of $235,093; and the decree as so modified should be affirmed, with costs to appellant.

Townley, Dore, Cohn and Callahan, JJ., concur; Martin, P. J., dissents. Decree, so far as appealed from, modified as indicated in opinion and as so modified affirmed, with costs to the appellant. Settle order on notice.