Dodge v. Connecticut Mutual Life Insurance

Appellate Division of the Supreme Court of New York

Dodge v. Connecticut Mutual Life Insurance

40 A.D.2d 937, 337 N.Y.S.2d 678, 1972 N.Y. App. Div. LEXIS 3528

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

DecidedNovember 2, 1972

StatusPublished

This text of 40 A.D.2d 937 (Dodge v. Connecticut Mutual Life Insurance) 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

Dodge v. Connecticut Mutual Life Insurance, 40 A.D.2d 937, 337 N.Y.S.2d 678, 1972 N.Y. App. Div. LEXIS 3528 (N.Y. Ct. App. 1972).

Pincite

Opinion

Order unanimously modified to grant defendant an additional allowance in the sum of $20,737.75 with costs. Memorandum: The record shows that the city did not negotiate with defendant in good faith, originally offering only $175,000 when its own appraisal placed the value of the property in excess of $250,000. Defendant obtained an award in the sum of $414,755, which was properly confirmed by Special Term (Matter of Huie, 2 N Y 2d 168). Under the circumstances it was an improvident exercise of discretion by Special Term to deny to defendant an additional allowance of 5% as authorized by Condemnation Law (§ 16, subd. 2) (see Matter of Dodge v. Tierney, 40 A D 2d 936). (Appeal from part of order of Onondaga Special Term in condemnation proceeding.) Present — Marsh, J. P., Witmer, Moule, Cardamone and Henry, JJ.

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Order unanimously modified to grant defendant an additional allowance in the sum of $20,737.75 with costs. Memorandum: The record shows that the city did not negotiate with defendant in good faith, originally offering only $175,000 when its own appraisal placed the value of the property in excess of $250,000. Defendant obtained an award in the sum of $414,755, which was properly confirmed by Special Term (Matter of Huie, 2 N Y 2d 168). Under the circumstances it was an improvident exercise of discretion by Special Term to deny to defendant an additional allowance of 5% as authorized by Condemnation Law (§ 16, subd. 2) (see Matter of Dodge v. Tierney, 40 A D 2d 936). (Appeal from part of order of Onondaga Special Term in condemnation proceeding.) Present — Marsh, J. P., Witmer, Moule, Cardamone and Henry, JJ.

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Bluebook (online)

40 A.D.2d 937, 337 N.Y.S.2d 678, 1972 N.Y. App. Div. LEXIS 3528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodge-v-connecticut-mutual-life-insurance-nyappdiv-1972.