Dennis v. State

Appellate Division of the Supreme Court of New York

Dennis v. State

25 A.D.2d 925, 270 N.Y.S.2d 567

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

DecidedMay 26, 1966

DocketClaim No. 41168

StatusPublished

This text of 25 A.D.2d 925 (Dennis 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

Dennis v. State, 25 A.D.2d 925, 270 N.Y.S.2d 567 (N.Y. Ct. App. 1966).

Pincite

Opinion

Memorándum by the Court. Cross, appeals from a judgment of the Court of Claims for the appropriation- of real property, determination of the appeals having been withheld and the case remitted for new or additional findings (24 A D 2d 924). . By new findings,' the Court of Claims has now, upon sufficient evidence, assigned to the improved portion of the tract, which is in closer proximity to Southern Boulevard, a value of $20,000 per acre and to the remaining portion a value of $10,000' per acre, based upon residential use but including an increment on account' of the probability of an imminent change in zoning to commercial. ' Contrary to the State’s contention, the court was warranted in finding that the permanent easement for purposes of a sewer line was in practical effect and for purposes' of evaluating damage the equivalent of a fee taking. The trial cour.t was justi-' fled, also, in awarding consequential damages (in excess of' the. benefits of enhancement in value created by the improvement) for the substantial loss of frontage on Southern Boulevard; but the record does not support an award' of damages for the mere circuity of access attributable to deprivation of access to the paper streets; and the award of $19,190 for consequential damages .must be reduced to- $15,000. Judgment modified, on the law and the facts, so as to reduce the award to $73,330, with appropriate interest, and, as so modified, affirmed, without costs.

Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi) JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Memorándum by the Court. Cross, appeals from a judgment of the Court of Claims for the appropriation- of real property, determination of the appeals having been withheld and the case remitted for new or additional findings (24 A D 2d 924). . By new findings,' the Court of Claims has now, upon sufficient evidence, assigned to the improved portion of the tract, which is in closer proximity to Southern Boulevard, a value of $20,000 per acre and to the remaining portion a value of $10,000' per acre, based upon residential use but including an increment on account' of the probability of an imminent change in zoning to commercial. ' Contrary to the State’s contention, the court was warranted in finding that the permanent easement for purposes of a sewer line was in practical effect and for purposes' of evaluating damage the equivalent of a fee taking. The trial cour.t was justi-' fled, also, in awarding consequential damages (in excess of' the. benefits of enhancement in value created by the improvement) for the substantial loss of frontage on Southern Boulevard; but the record does not support an award' of damages for the mere circuity of access attributable to deprivation of access to the paper streets; and the award of $19,190 for consequential damages .must be reduced to- $15,000. Judgment modified, on the law and the facts, so as to reduce the award to $73,330, with appropriate interest, and, as so modified, affirmed, without costs.

Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi) JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

25 A.D.2d 925, 270 N.Y.S.2d 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dennis-v-state-nyappdiv-1966.