Midcourt Builders Corp. v. State

Appellate Division of the Supreme Court of New York

Midcourt Builders Corp. v. State

28 A.D.2d 818, 281 N.Y.S.2d 851, 1967 N.Y. App. Div. LEXIS 3695

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

DecidedJune 29, 1967

DocketClaim No. 39679

StatusPublished

This text of 28 A.D.2d 818 (Midcourt Builders Corp. 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

Midcourt Builders Corp. v. State, 28 A.D.2d 818, 281 N.Y.S.2d 851, 1967 N.Y. App. Div. LEXIS 3695 (N.Y. Ct. App. 1967).

Pincite

Opinion

Memorandum: The State appropriated 12.345 acres of land owned by respondent. The trial court fixed direct damage at $25,000 an acre for the sum of $308,625 and consequential damage to respondent’s remaining 38.30 acres in the sum of $143,625. The latter damage was computed upon a further finding that the remaining acreage had been damaged by 15% of its former value or $3,750 per acre. We find the fair and reasonable value of the lands appropriated to be $20,000 an acre which results in direct damage of $246,900 and consequential damage (retaining the 15% figure) to be $114,900 for a total of $361,800. (Appeal from judgment of Court of Claims in action for damages.for permanent appropriation.) Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

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Memorandum: The State appropriated 12.345 acres of land owned by respondent. The trial court fixed direct damage at $25,000 an acre for the sum of $308,625 and consequential damage to respondent’s remaining 38.30 acres in the sum of $143,625. The latter damage was computed upon a further finding that the remaining acreage had been damaged by 15% of its former value or $3,750 per acre. We find the fair and reasonable value of the lands appropriated to be $20,000 an acre which results in direct damage of $246,900 and consequential damage (retaining the 15% figure) to be $114,900 for a total of $361,800. (Appeal from judgment of Court of Claims in action for damages.for permanent appropriation.) Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

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Bluebook (online)

28 A.D.2d 818, 281 N.Y.S.2d 851, 1967 N.Y. App. Div. LEXIS 3695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/midcourt-builders-corp-v-state-nyappdiv-1967.