Joseph Rae Enterprises, Inc. v. State

Appellate Division of the Supreme Court of New York

Joseph Rae Enterprises, Inc. v. State

41 A.D.2d 1001, 344 N.Y.S.2d 182, 1973 N.Y. App. Div. LEXIS 4309

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

DecidedMay 31, 1973

DocketClaim No. 52606

StatusPublished

This text of 41 A.D.2d 1001 (Joseph Rae Enterprises, Inc. v. State) 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

Joseph Rae Enterprises, Inc. v. State, 41 A.D.2d 1001, 344 N.Y.S.2d 182, 1973 N.Y. App. Div. LEXIS 4309 (N.Y. Ct. App. 1973).

Pincite

Opinion

Appeal from a judgment of the Court of Claims, entered January 19, 1972, awarding claimant the sum of $46,525, plus interest. The 50% adjustment to claimant’s appraiser’s comparable sale No. 1, identified as “ miscellaneous ”, cannot be sustained. Even if this factor was eliminated, however, the claimant’s appraiser would still have established a per acre before value of $4,085. Claimant’s appraiser’s other adjustments were sufficiently explained so that their weight was a question of fact for the trial court. The State’s appraiser testified as to a before value of $1,700 per acre, and there thus existed a range of testimony adequate to sustain the court’s finding of a before value of $3,500 per acre. The award of $300 for consequential damages was not supported by evidence since claimant did not even attempt to prove injury to the remainder. This item must, therefore, be stricken from the award. Appellant’s other contentions have been examined and found to be without merit. Judgment modified, on the law and the facts, by reducing the award to $46,225, plus interest, and, as so modified, affirmed, without costs. Staley, Jr., J. P., Greenblott, Cooke, Kane and Main, JJ., concur.

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Appeal from a judgment of the Court of Claims, entered January 19, 1972, awarding claimant the sum of $46,525, plus interest. The 50% adjustment to claimant’s appraiser’s comparable sale No. 1, identified as “ miscellaneous ”, cannot be sustained. Even if this factor was eliminated, however, the claimant’s appraiser would still have established a per acre before value of $4,085. Claimant’s appraiser’s other adjustments were sufficiently explained so that their weight was a question of fact for the trial court. The State’s appraiser testified as to a before value of $1,700 per acre, and there thus existed a range of testimony adequate to sustain the court’s finding of a before value of $3,500 per acre. The award of $300 for consequential damages was not supported by evidence since claimant did not even attempt to prove injury to the remainder. This item must, therefore, be stricken from the award. Appellant’s other contentions have been examined and found to be without merit. Judgment modified, on the law and the facts, by reducing the award to $46,225, plus interest, and, as so modified, affirmed, without costs. Staley, Jr., J. P., Greenblott, Cooke, Kane and Main, JJ., concur.

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Bluebook (online)

41 A.D.2d 1001, 344 N.Y.S.2d 182, 1973 N.Y. App. Div. LEXIS 4309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-rae-enterprises-inc-v-state-nyappdiv-1973.