A. C. Leasing, Inc. v. State

Appellate Division of the Supreme Court of New York

A. C. Leasing, Inc. v. State

30 A.D.2d 762, 291 N.Y.S.2d 835, 1968 N.Y. App. Div. LEXIS 3679

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 24, 1968

DocketClaim No. 45499

StatusPublished

This text of 30 A.D.2d 762 (A. C. Leasing, Inc. v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. C. Leasing, Inc. v. State, 30 A.D.2d 762, 291 N.Y.S.2d 835, 1968 N.Y. App. Div. LEXIS 3679 (N.Y. Ct. App. 1968).

Pincite

Opinion

Judgment unanimously modified on the law and facts by reducing the judgment to $308,224 and as modified affirmed, without costs. Memorandum: In computing, the amount of the award the trial court accepted the gross rent of $42,955 without any reduction for expenses such as heat, light and janitorial services. This produced a per square foot valuation of $1.43. The claimant’s proof of annual expense is $11,700. We find that $1.20 per square foot is a more accurate representation of the market value on the date of taking. We further find that the per acre valuation of the unfilled land is $6,000 and that the per acre valuation of the filled land is $9,000. This results in a reduction of $16,500 and as so reduced the judgment is affirmed. (Appeal from judgment of Court of Claims, in action for damages for permanent appropriation.) Present — Bastow, P. J., Goldman, Del Vecchio, Marsh and Henry, JJ.

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Judgment unanimously modified on the law and facts by reducing the judgment to $308,224 and as modified affirmed, without costs. Memorandum: In computing, the amount of the award the trial court accepted the gross rent of $42,955 without any reduction for expenses such as heat, light and janitorial services. This produced a per square foot valuation of $1.43. The claimant’s proof of annual expense is $11,700. We find that $1.20 per square foot is a more accurate representation of the market value on the date of taking. We further find that the per acre valuation of the unfilled land is $6,000 and that the per acre valuation of the filled land is $9,000. This results in a reduction of $16,500 and as so reduced the judgment is affirmed. (Appeal from judgment of Court of Claims, in action for damages for permanent appropriation.) Present — Bastow, P. J., Goldman, Del Vecchio, Marsh and Henry, JJ.

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Bluebook (online)

30 A.D.2d 762, 291 N.Y.S.2d 835, 1968 N.Y. App. Div. LEXIS 3679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-c-leasing-inc-v-state-nyappdiv-1968.