Leeds v. State

Appellate Division of the Supreme Court of New York

Leeds v. State

25 A.D.2d 792, 269 N.Y.S.2d 227, 1966 N.Y. App. Div. LEXIS 4382

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

DecidedApril 29, 1966

DocketClaim No. 39478

StatusPublished

This text of 25 A.D.2d 792 (Leeds 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

Leeds v. State, 25 A.D.2d 792, 269 N.Y.S.2d 227, 1966 N.Y. App. Div. LEXIS 4382 (N.Y. Ct. App. 1966).

Pincite

Opinion

Per Curimn.

Appeal by the State from a judgment awarding damages for the appropriation for highway purposes of 1.746 acres plus a pemanent easement. The award was of $1,425 and interest from October 9, 1952. The State questions (1) the amount of the award and (2) the period for which interest was computed. Despite allusions to probable zoning changes, without support in any relevant evidence, voiced by claimant’s expert and by the court, it is evident that ultimately the court quite properly awarded damages on the basis of residential use, but at an amount slightly in excess of claimant’s highest estimate, which estimate the State now accepts; and the award must be reduced accordingly. In respect of the State’s contention as to interest, the insufficient record before us does not permit intelligent review. In adducing no proof and relying solely upon a supposed stipulation referred to in the findings but not otherwise appearing in the record, the State did not sustain the burden of proving offsetting factors; and, in any event, the stipulation, as described in the findings, is unclear as regards intent and scope and certainly incomplete and insufficient to establish a sound basis for the State’s contention. Judgment modified, on the law and the facts, by reduction of the award to $1,220, with interest from October 9, 1952 to August 31, 1964, and. as so modified, affirmed, with costs to respondent.

Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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Per Curimn.

Appeal by the State from a judgment awarding damages for the appropriation for highway purposes of 1.746 acres plus a pemanent easement. The award was of $1,425 and interest from October 9, 1952. The State questions (1) the amount of the award and (2) the period for which interest was computed. Despite allusions to probable zoning changes, without support in any relevant evidence, voiced by claimant’s expert and by the court, it is evident that ultimately the court quite properly awarded damages on the basis of residential use, but at an amount slightly in excess of claimant’s highest estimate, which estimate the State now accepts; and the award must be reduced accordingly. In respect of the State’s contention as to interest, the insufficient record before us does not permit intelligent review. In adducing no proof and relying solely upon a supposed stipulation referred to in the findings but not otherwise appearing in the record, the State did not sustain the burden of proving offsetting factors; and, in any event, the stipulation, as described in the findings, is unclear as regards intent and scope and certainly incomplete and insufficient to establish a sound basis for the State’s contention. Judgment modified, on the law and the facts, by reduction of the award to $1,220, with interest from October 9, 1952 to August 31, 1964, and. as so modified, affirmed, with costs to respondent.

Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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Bluebook (online)

25 A.D.2d 792, 269 N.Y.S.2d 227, 1966 N.Y. App. Div. LEXIS 4382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leeds-v-state-nyappdiv-1966.