Vito Marraro, Doing Business as Plaza Pharmacy, Respondent v. State of New York, Appellant; Josephine Caruso, Doing…

Summary

The New York Court of Appeals affirmed the judgments awarding tenants compensation for removable trade fixtures taken by eminent domain, holding that the unit rule does not limit such awards and that reimbursement may be based on the reproduction cost less depreciation even when a lease contains a condemnation termination clause. Judge Fuld filed a separate concurrence emphasizing that evidence of reproduction cost less depreciation is sufficient proof of fixture value.