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MATTER OF NEW YORK STATE URBAN DEVELOPMENT CORPORATION

61 A.D.3d 421 (2009)

875 N.Y.S.2d 485

In the Matter of NEW YORK STATE URBAN DEVELOPMENT CORPORATION. MOVIEPLEX 42, INC., Appellant, v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Doing Business as EMPIRE STATE DEVELOPMENT CORPORATION, Respondent.

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

Decided April 2, 2009.

The court properly determined that the claim for the value of the fixtures was encompassed in the award for the value of the theater building (see Matter of City of New York [Lincoln Sq. Slum Clearance Project], 24 Misc.2d 206, 208 [1960] ["to give the owner an additional award for fixtures would be to duplicate the award which was heretofore made for the theatre building based on a rental which included the use of these same...

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