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Matter of City of New York

433 N.E.2d 1266, 55 N.Y.2d 885, 449 N.Y.S.2d 18, 1982 N.Y. LEXIS 3092
CourtNew York Court of Appeals
DecidedFebruary 9, 1982
StatusPublished
Cited by82 cases

This text of 433 N.E.2d 1266 (Matter of City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of City of New York, 433 N.E.2d 1266, 55 N.Y.2d 885, 449 N.Y.S.2d 18, 1982 N.Y. LEXIS 3092 (N.Y. 1982).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to that court for a review of the facts. The Appellate Division increased the plottage increment from 5% to 10% as a matter of law. This was error.

In determining an award to an owner of condemned property, the findings must either be within the range of the expert testimony or be supported by other evidence and adequately explained by the court (Matter of City of New York [A. & W. Realty Corp.], 1 NY2d 428, 432-433; Milsap v State of New York, 32 AD2d 586).

Chief Judge Cooke and Judges Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur; Judge Jasen taking no part.

*887 Order reversed, with costs, and matter remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein.

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Bluebook (online)
433 N.E.2d 1266, 55 N.Y.2d 885, 449 N.Y.S.2d 18, 1982 N.Y. LEXIS 3092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-city-of-new-york-ny-1982.