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MATTER OF CITY OF MOUNT VERNON

281 A.D. 713 (1952)

In the Matter of The City of Mount Vernon, Appellant. James Arena et al., Doing Business under the Name of Fleetwood Auto Service, Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 1952.

Judgment reversed on the law, with costs to appellant, and matter remitted to Special Term for rehearing.

If respondents had continued in possession of the premises, they would have been entitled to recover the difference between the value of the leasehold before and immediately after the improvement together with incidental damages during the course of the work. (Iron City Automobile Co. v. City of Pittsburgh, 253 Pa. 478; City of Corning v. Holmes...

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