Faulkner v. State

Appellate Division of the Supreme Court of New York

Faulkner v. State

33 A.D.2d 1076, 307 N.Y.S.2d 797, 1970 N.Y. App. Div. LEXIS 5465

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

DecidedFebruary 20, 1970

DocketClaim No. 47488

StatusPublished

This text of 33 A.D.2d 1076 (Faulkner 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

Faulkner v. State, 33 A.D.2d 1076, 307 N.Y.S.2d 797, 1970 N.Y. App. Div. LEXIS 5465 (N.Y. Ct. App. 1970).

Pincite

Opinion

Memorandum by the Court.

Appeal by the State from a judgment of the Court of Claims which made an award for the appropriation of land pursuant to section 30 of the Highway Law. The State appropriated a permanent easement over 1,053 square feet of claimant’s property, a lot 22,274 square feet in size, on which a nursing home was operated, in the Village of Delanson, Town of Duanesburg, County of Schenectady. Both experts testified that the highest and best use before and after appropriation was for a nursing home. The trial court improperly awarded $2,000 for the retaining wall which the State is under a continuing duty to maintain. The value of the retaining wall is the value by which it enhances the value of the total property. We find total damages of $3,500, consisting of direct damages in the sum of $1,500, and consequential damages in the sum of $2,000. Judgment modified, on the law and the facts, so as to reduce the award to $3,500 and appropriate interest, and, as so modified, affirmed, without costs. Herlihy, P. J., [1077]*1077Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur in memorandum by the court.

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Memorandum by the Court.

Appeal by the State from a judgment of the Court of Claims which made an award for the appropriation of land pursuant to section 30 of the Highway Law. The State appropriated a permanent easement over 1,053 square feet of claimant’s property, a lot 22,274 square feet in size, on which a nursing home was operated, in the Village of Delanson, Town of Duanesburg, County of Schenectady. Both experts testified that the highest and best use before and after appropriation was for a nursing home. The trial court improperly awarded $2,000 for the retaining wall which the State is under a continuing duty to maintain. The value of the retaining wall is the value by which it enhances the value of the total property. We find total damages of $3,500, consisting of direct damages in the sum of $1,500, and consequential damages in the sum of $2,000. Judgment modified, on the law and the facts, so as to reduce the award to $3,500 and appropriate interest, and, as so modified, affirmed, without costs. Herlihy, P. J., [1077]*1077Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur in memorandum by the court.

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Bluebook (online)

33 A.D.2d 1076, 307 N.Y.S.2d 797, 1970 N.Y. App. Div. LEXIS 5465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faulkner-v-state-nyappdiv-1970.