In re the Board of Supervisors

Appellate Division of the Supreme Court of New York

In re the Board of Supervisors

242 A.D. 728

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

DecidedSeptember 15, 1934

StatusPublished

This text of 242 A.D. 728 (In re the Board of Supervisors) 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

In re the Board of Supervisors, 242 A.D. 728 (N.Y. Ct. App. 1934).

Pincite

Opinion

Order unanimously affirmed, with costs. Although the report of the commissioners of appraisal indicates that [729]*729damages were not awarded entirely on the basis of difference between the value before and after the taking, they were awarded on the theory on which the case was presented. Appellant’s points here are based on the claim that the amount awarded was insufficient and on the failure of the commissioners to take into consideration the owner’s urge that the property was available for development purposes. Present — Lazansky, P. J., Hagarty, Scudder, Tompkins and Davis, JJ.

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Order unanimously affirmed, with costs. Although the report of the commissioners of appraisal indicates that [729]*729damages were not awarded entirely on the basis of difference between the value before and after the taking, they were awarded on the theory on which the case was presented. Appellant’s points here are based on the claim that the amount awarded was insufficient and on the failure of the commissioners to take into consideration the owner’s urge that the property was available for development purposes. Present — Lazansky, P. J., Hagarty, Scudder, Tompkins and Davis, JJ.

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Bluebook (online)

242 A.D. 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-board-of-supervisors-nyappdiv-1934.