IN RE: The NEW YORK STATE URBAN DEVELOPMENT CORPORATION (2009)

Order, Supreme Court, New York County (Leland G. DeGrasse, J.), entered August 13, 2007, which granted respondent's motion to strike the claim for fixture compensation, unanimously affirmed, without costs.

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, 198 N.Y.S.2d 260 [1960] [“to give 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 fixtures and equipment”], mod. on other grounds 15 A.D.2d 153, 222 N.Y.S.2d 786 [1961], affd. 16 N.Y.2d 497, 260 N.Y.S.2d 439, 208 N.E.2d 172 [1965] ).   Contrary to claimant's contention, it was in privity with the building owner and had a full and fair opportunity to participate in the prior valuation proceeding (see generally Buechel v. Bain, 97 N.Y.2d 295, 303-304, 740 N.Y.S.2d 252, 766 N.E.2d 914 [2001], cert. denied 535 U.S. 1096, 122 S.Ct. 2293, 152 L.Ed.2d 1051 [2002] ).