Matter of City of New York v City of New York

State: New York

Court: Second Circuit Court of Appeals Clerk

Docket No: 156

Case Date: 10/28/2008

Plaintiff: Matter of City of New York

Defendant: City of New York

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Argued September 3, 2008; decided October 28, 2008
Matter of City of New York (Kaiser Woodcraft Corp.), 39 AD3d 131, reversed.
{**11 NY3d at 356} 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 years Manfred Kaiser, founder and president of the corporation, operated a woodworking shop on the premises. In addition to seeking compensation for the underlying real estate, Kaiser's appraiser claimed that 147 items were compensable trade fixtures. This litigation concerns only those items. [*2]
The items claimed as trade fixtures included about 38 standard industrial woodworking tools.[FN1] Some were large (such as table saws

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