In re the City of Mount Vernon

Appellate Division of the Supreme Court of New York

In re the City of Mount Vernon

277 A.D.2d 775

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

DecidedMay 1, 1950

StatusPublished

This text of 277 A.D.2d 775 (In re the City of Mount Vernon) 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 City of Mount Vernon, 277 A.D.2d 775 (N.Y. Ct. App. 1950).

Pincite

Opinion

In a condemnation proceeding, the City of Mount Vernon appeals from a final order and a judgment which confirmed the report of commissioners of appraisal and denied a motion to set aside the report as to Damage Parcel No. 48. Final order and judgment reversed on the facts, without costs, appellant’s motion to set aside the report granted, without costs, and a new hearing is directed to be held before new commissioners. The award is so grossly excessive as to shock the conscience of the court. Judged [776]*776by the only evidence in the record as to rents in the locality, respondents failed to establish that the rents received were reasonable. In the absence of proof that the rents received could reasonably be expected to continue and that they were reasonable, the commissioners could not, as their report indicates they did, use them as a basis for determining the fair market value of the property. Carswell, Adel, Sneed and MacCrate, JJ., concur; Nolan, P. J., concurs in the result. [See post, p. 878.]

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In a condemnation proceeding, the City of Mount Vernon appeals from a final order and a judgment which confirmed the report of commissioners of appraisal and denied a motion to set aside the report as to Damage Parcel No. 48. Final order and judgment reversed on the facts, without costs, appellant’s motion to set aside the report granted, without costs, and a new hearing is directed to be held before new commissioners. The award is so grossly excessive as to shock the conscience of the court. Judged [776]*776by the only evidence in the record as to rents in the locality, respondents failed to establish that the rents received were reasonable. In the absence of proof that the rents received could reasonably be expected to continue and that they were reasonable, the commissioners could not, as their report indicates they did, use them as a basis for determining the fair market value of the property. Carswell, Adel, Sneed and MacCrate, JJ., concur; Nolan, P. J., concurs in the result. [See post, p. 878.]

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Bluebook (online)

277 A.D.2d 775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-city-of-mount-vernon-nyappdiv-1950.