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

Summary

The Court of Appeals affirmed each condemnation appeal, holding that tenants are entitled to compensation for custom-built or specially adapted fixtures measured by reproduction cost less depreciation, and rejecting the application of the unit rule to such fixtures. The court also rejected limiting awards to salvage value and affirmed that mere personalty is not compensable. Justice Fuld concurred, emphasizing that reproduction cost less depreciation is sufficient proof of fixture value.