In the Matter of the Application of the City of New York, Appellant, Relative to Acquiring Title to Real Property…

Summary

The Court affirmed the lower court's order, holding that the tenant's fixtures annexed to the condemned property are "real property" within the statutory definition and therefore the City must compensate the tenant for them, despite the lease termination provision. The decision notes that the lease's termination clause does not affect the nature of the fixtures as improvements taken by the City.