Brookhaven Memorial Ass'n v. State

Appellate Division of the Supreme Court of New York

Brookhaven Memorial Ass'n v. State

24 A.D.2d 917, 264 N.Y.S.2d 519, 1965 N.Y. App. Div. LEXIS 2958

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

DecidedNovember 23, 1965

DocketClaim No. 36802

StatusPublished

This text of 24 A.D.2d 917 (Brookhaven Memorial Ass'n 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.

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Brookhaven Memorial Ass'n v. State, 24 A.D.2d 917, 264 N.Y.S.2d 519, 1965 N.Y. App. Div. LEXIS 2958 (N.Y. Ct. App. 1965).

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Opinion

Memorandum: by the Court.

We do not approve the form or the adequacy of the findings but in contesting the award the State advances only the factual arguments that the trial court “ presumably paid little attention to the contiguous sales ” and erred in “ giving any weight to claimant’s appraisal” claimed by the State to be based solely on lot values. We find neither contention persuasive; and our independent evaluation of the proof satisfies us that the award, which is well within the range of the testimony, is amply warranted by the competent credible evdience. Judgment affirmed, with costs. Gibson, P. J., Herlihy, Reynolds, Taylor and Hamm, JJ., concur.

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Memorandum: by the Court.

We do not approve the form or the adequacy of the findings but in contesting the award the State advances only the factual arguments that the trial court “ presumably paid little attention to the contiguous sales ” and erred in “ giving any weight to claimant’s appraisal” claimed by the State to be based solely on lot values. We find neither contention persuasive; and our independent evaluation of the proof satisfies us that the award, which is well within the range of the testimony, is amply warranted by the competent credible evdience. Judgment affirmed, with costs. Gibson, P. J., Herlihy, Reynolds, Taylor and Hamm, JJ., concur.

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Bluebook (online)

24 A.D.2d 917, 264 N.Y.S.2d 519, 1965 N.Y. App. Div. LEXIS 2958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brookhaven-memorial-assn-v-state-nyappdiv-1965.