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IN THE MATTER OF CITY OF NEW YORK

11 N.Y.3d 353 (2008)

In the Matter of CITY OF NEW YORK, Appellant, Relative to the Melrose Commons Urban Renewal Area, Phase II. KAISER WOODCRAFT CORP., Respondent.

Court of Appeals of the State of New York.

October 28, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Paul T. Rephen, Rita D. Dumain, Rochelle H. Cohen and Fred Kolikoff of counsel), for appellant.

Goldstein, Goldstein, Rikon & Gottlieb, PC., New York City (Michael Rikon of counsel), for respondent.

Carter Ledyard & Milburn LLP, New York City (Joseph M. Ryan and Susan B. Kalib of counsel), for New York State Urban Development Corporation, amicus curiae.

Milton H. Pachter, New York City, and Carlene V McIntyre for Port Authority of New York and New Jersey, amicus curiae.

OPINION OF THE COURT

Chief Judge KAYE.

At the heart of this condemnation proceeding is the question whether certain equipment qualifies as compensable trade fixtures.

Factual Background

On July 20, 1998, the City of New York acquired title by eminent domain to property located at 3087 Third Avenue in the Bronx. The land was owned and occupied by Kaiser Woodcraft Corporation. For nearly 40...

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