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MATTER OF CITY OF NEW YORK

282 A.D. 925 (1953)

In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Real Property Required for BRONX RIVER EXPRESSWAY and Other Improvements, in the Borough of The Bronx. Lion Brewery of New York City, Appellant; Banner Oil Company, Respondent

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

November 10, 1953.

Per Curiam.

The fee owner lessor appeals from a final decree in condemnation. The decree apportioned $42,000 of the award to the lessee.

This is the second appeal, taken after a second trial.

This court previously held, upon the appeal from the first trial (Matter of City of New York [Bronx Riv. Expressway], 278 App. Div. 813), that Special Term applied an erroneous measure of damage. We said then (278 App. Div. 814):

"The fair...

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