In re the City of New York

Appellate Division of the Supreme Court of New York

In re the City of New York

285 A.D. 906, 138 N.Y.S.2d 23, 1955 N.Y. App. Div. LEXIS 6079

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

DecidedFebruary 28, 1955

StatusPublished

Cited by1 cases

This text of 285 A.D. 906 (In re the City of New York) 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.

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In re the City of New York, 285 A.D. 906, 138 N.Y.S.2d 23, 1955 N.Y. App. Div. LEXIS 6079 (N.Y. Ct. App. 1955).

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Opinion

In a condemnation proceeding, final decree, insofar as it makes an award for damage parcel No. 7, modified on the facts by increasing the award from $10,900 to $14,000. As so modified, decree, insofar as appealed from, unanimously affirmed, with costs to the appellant. The finding, implicit in the decision and decree of the Special Term, that $10,900 is the value of said damage parcel, is reversed, and a new finding is made to the effect that such value is $14,000. The opinion of respondent’s expert was that the value of this damage parcel is $10,900. The opinion of appellant’s expert was that the value is $24,000. The assessed valuation is $14,000. Under the unusual circumstances revealed by the record here, we find that $14,000 is the fair value of the property taken. Present — Nolan, P. J., Wenzel, MacCrate, Beldock and Murphy, JJ.

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In a condemnation proceeding, final decree, insofar as it makes an award for damage parcel No. 7, modified on the facts by increasing the award from $10,900 to $14,000. As so modified, decree, insofar as appealed from, unanimously affirmed, with costs to the appellant. The finding, implicit in the decision and decree of the Special Term, that $10,900 is the value of said damage parcel, is reversed, and a new finding is made to the effect that such value is $14,000. The opinion of respondent’s expert was that the value of this damage parcel is $10,900. The opinion of appellant’s expert was that the value is $24,000. The assessed valuation is $14,000. Under the unusual circumstances revealed by the record here, we find that $14,000 is the fair value of the property taken. Present — Nolan, P. J., Wenzel, MacCrate, Beldock and Murphy, JJ.

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Bluebook (online)

285 A.D. 906, 138 N.Y.S.2d 23, 1955 N.Y. App. Div. LEXIS 6079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-city-of-new-york-nyappdiv-1955.

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