Board of Commissioners v. Trustees of St. Patrick's Cathedral

Appellate Division of the Supreme Court of New York

Board of Commissioners v. Trustees of St. Patrick's Cathedral

78 A.D.2d 644, 432 N.Y.S.2d 246, 1980 N.Y. App. Div. LEXIS 13133

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

DecidedOctober 14, 1980

StatusPublished

This text of 78 A.D.2d 644 (Board of Commissioners v. Trustees of St. Patrick's Cathedral) 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

Board of Commissioners v. Trustees of St. Patrick's Cathedral, 78 A.D.2d 644, 432 N.Y.S.2d 246, 1980 N.Y. App. Div. LEXIS 13133 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a condemnation proceeding, defendant appeals from a judgment of the Supreme Court, Rockland County, dated September 4, 1979, which awarded it the principal sum of only $10,051.61, plus $5,462.97 interest, for three temporary and permanent easements acquired by plaintiff for the installation of sewer pipes. Judgment modified, on the law and the facts, by increasing the principal amount awarded to $11,147.75. As so modified, judgment affirmed, with costs to defendant, and matter remitted to the Supreme Court, Rockland County, for entry of an appropriate amended judgment. There is ample evidence in the record to support the determination of the trial court as to the value of the property involved in this condemnation proceeding, except insofar as credence was given to the testimony of plaintiff’s expert appraiser that each grave site had a value of $135 rather than $150. There is no justification in the record for the conclusion that the value of each site should be diminished by 10% for purported sales and administrative expenses. These expenses were already included in the valuation of each site at $150. Hopkins, J. P., Mangano, O’Connor and Weinstein, JJ., concur.

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In a condemnation proceeding, defendant appeals from a judgment of the Supreme Court, Rockland County, dated September 4, 1979, which awarded it the principal sum of only $10,051.61, plus $5,462.97 interest, for three temporary and permanent easements acquired by plaintiff for the installation of sewer pipes. Judgment modified, on the law and the facts, by increasing the principal amount awarded to $11,147.75. As so modified, judgment affirmed, with costs to defendant, and matter remitted to the Supreme Court, Rockland County, for entry of an appropriate amended judgment. There is ample evidence in the record to support the determination of the trial court as to the value of the property involved in this condemnation proceeding, except insofar as credence was given to the testimony of plaintiff’s expert appraiser that each grave site had a value of $135 rather than $150. There is no justification in the record for the conclusion that the value of each site should be diminished by 10% for purported sales and administrative expenses. These expenses were already included in the valuation of each site at $150. Hopkins, J. P., Mangano, O’Connor and Weinstein, JJ., concur.

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Bluebook (online)

78 A.D.2d 644, 432 N.Y.S.2d 246, 1980 N.Y. App. Div. LEXIS 13133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-commissioners-v-trustees-of-st-patricks-cathedral-nyappdiv-1980.