Humble Oil & Refining Co. v. State

New York Court of Appeals

Humble Oil & Refining Co. v. State

187 N.E.2d 791, 12 N.Y.2d 861, 237 N.Y.S.2d 338, 1962 N.Y. LEXIS 819

CourtNew York Court of Appeals

DecidedDecember 31, 1962

DocketClaim 35662

StatusPublished

Cited by5 cases

This text of 187 N.E.2d 791 (Humble Oil & Refining Co. v. State) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Humble Oil & Refining Co. v. State, 187 N.E.2d 791, 12 N.Y.2d 861, 237 N.Y.S.2d 338, 1962 N.Y. LEXIS 819 (N.Y. 1962).

Pincite

Opinion

Per Curiam.

One of the surest guides in measuring damages occasioned by a partial taking of real property is the diminution in rental value resulting from the taking, that is, the difference in value before and after the taking. (See Orgel, Valuation under Eminent Domain [2d ed., 1953], ch. IV, p. 225 ei seq., *863 particularly §§ 64 — 65, pp. 290-302.) In this case, use of the capitalization method to assess the loss in such rental value — a method not employed by the Appellate Division — demonstrates that the ultimate finding made by that court is supported by the weight of the evidence. (Cf. Matter of Port of N. Y. Auth., 2 N Y 2d 296, 301; Sunnybrook Realty Co. v. State of New York, 9 N Y 2d 960.)

The judgment appealed from should be affirmed, with costs.

Chief Judge Desmond and Judges Dte, Fuld, Froessel, Van Voorhis, Burke and Foster concur.

Judgment affirmed.

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

Per Curiam.

One of the surest guides in measuring damages occasioned by a partial taking of real property is the diminution in rental value resulting from the taking, that is, the difference in value before and after the taking. (See Orgel, Valuation under Eminent Domain [2d ed., 1953], ch. IV, p. 225 ei seq., *863 particularly §§ 64 — 65, pp. 290-302.) In this case, use of the capitalization method to assess the loss in such rental value — a method not employed by the Appellate Division — demonstrates that the ultimate finding made by that court is supported by the weight of the evidence. (Cf. Matter of Port of N. Y. Auth., 2 N Y 2d 296, 301; Sunnybrook Realty Co. v. State of New York, 9 N Y 2d 960.)

The judgment appealed from should be affirmed, with costs.

Chief Judge Desmond and Judges Dte, Fuld, Froessel, Van Voorhis, Burke and Foster concur.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

187 N.E.2d 791, 12 N.Y.2d 861, 237 N.Y.S.2d 338, 1962 N.Y. LEXIS 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/humble-oil-refining-co-v-state-ny-1962.

Opinion

Related

Cite This Page — Counsel Stack