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

Appellate Division of the Supreme Court of the State of New York·Decided September 15, 1934·Published

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.

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

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