In re the City of New York

45 A.D.2d 874, 358 N.Y.S.2d 159, 1974 N.Y. App. Div. LEXIS 4355

Opinion

In a condemnation proceeding, fee claimant Metromedia, Inc., appeals from so much of the twelfth separate and partial final decree of the Supreme Court, Queens County, dated July 24, 1973, as made a fee award to said claimant in the amount of $92,400. Decree modified, on the law and the facts, by increasing said fee award to $107,000. As so modified, decree affirmed, insofar as appealed from, with costs to appellant. Where properties such as those under consideration here are benefited by permitted nonconforming usage for industrial signs, reasonable increment for such nonconforming rights should have been allowed. Shapiro, Acting P. J., Cohalan, Christ, Brennan and Benjamin, JJ., concur.