In re the Rochester Urban Renewal Agency

Appellate Division of the Supreme Court of New York

In re the Rochester Urban Renewal Agency

55 A.D.2d 1029, 391 N.Y.S.2d 260, 1977 N.Y. App. Div. LEXIS 10380

Appellate Division of the Supreme Court of the State of New York·Decided January 21, 1977·Published·Cited by 3 cases

Opinion

Judgment unanimously affirmed, with costs. Memorandum: The trial court’s determination that the subject property qualifies as a "specialty” is amply supported and thus its utilization of the current cost of reproduction less depreciation approach was proper (Keator v State of New York, 23 NY2d 337, 340). The highest and best use of the improvement was its use by respondent Patchen Post, Inc., owned by Patchen-Briggs Post 307, Veterans of Foreign Wars, as a clubhouse. The facility was specifically designed, built and used for this purpose. Having concluded that the property was a "specialty”, there was no need for the trial court to consider the income approach to valuation advanced by petitioner. Nor did the trial court err in assessing land value. Its determination is within the range of testimony, supported by credible evidence and not grossly excessive (see Matter of City of New York [A & W Realty Corp.], 1 NY2d 428; McNitt v State of New York, 24 AD2d 544). Accordingly, it should not he disturbed (see 5 Nichols, Eminent Domain [3d ed], § 17.1[4]). (Appeal from judgment of Monroe Supreme Court — condemnation.) Present. — Marsh, P. J., Moule, Cardamone, Dillon and Goldman, JJ.

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Judgment unanimously affirmed, with costs. Memorandum: The trial court’s determination that the subject property qualifies as a "specialty” is amply supported and thus its utilization of the current cost of reproduction less depreciation approach was proper (Keator v State of New York, 23 NY2d 337, 340). The highest and best use of the improvement was its use by respondent Patchen Post, Inc., owned by Patchen-Briggs Post 307, Veterans of Foreign Wars, as a clubhouse. The facility was specifically designed, built and used for this purpose. Having concluded that the property was a "specialty”, there was no need for the trial court to consider the income approach to valuation advanced by petitioner. Nor did the trial court err in assessing land value. Its determination is within the range of testimony, supported by credible evidence and not grossly excessive (see Matter of City of New York [A & W Realty Corp.], 1 NY2d 428; McNitt v State of New York, 24 AD2d 544). Accordingly, it should not he disturbed (see 5 Nichols, Eminent Domain [3d ed], § 17.1[4]). (Appeal from judgment of Monroe Supreme Court — condemnation.) Present. — Marsh, P. J., Moule, Cardamone, Dillon and Goldman, JJ.

In re the Rochester Urban Renewal Agency, 55 A.D.2d 1029, 391 N.Y.S.2d 260, 1977 N.Y. App. Div. LEXIS 10380 (N.Y. Ct. App. 1977).

Pincite

55 A.D.2d 1029 (In re the Rochester Urban Renewal Agency) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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