Morrison v. State

Appellate Division of the Supreme Court of New York

Morrison v. State

25 A.D.2d 490, 267 N.Y.S.2d 502, 1966 N.Y. App. Div. LEXIS 5134

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

DecidedJanuary 20, 1966

DocketClaim No. 40036

StatusPublished

This text of 25 A.D.2d 490 (Morrison 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

Morrison v. State, 25 A.D.2d 490, 267 N.Y.S.2d 502, 1966 N.Y. App. Div. LEXIS 5134 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment unanimously modified on the law and facts by increasing the award from $150,150 to $174,150, and, ag so modified, affirmed, with costs to claimant. Certain findings of fact and conclusion of law disapproved and reversed and new findings and conclusion made, Memorandum: There is no proof in the record to support the court’s finding No, 6 that the sale by claimant of 19,800 square feet of land to Loblaw, Inc., some time prior to the taking had decreased the value of 51,750 square feet of the remaining tract, which was included in the portion appropriated. This latter area was equally as valuable .as other acreage taken from claimant, which we find is valued at 5.3 cents per square foot. Applying this value before taking to all of the area appropriated, and allowing for tbe undisputed consequential damages of 90% to tbe land remaining, the award should be increased to $174,150. (Appeal from judgment of Court of Claims in fayor of claimant on a claim for permanent .appropriation of realty.)

Present — -Bastow, J. P., Goldman, Henry, Del Yeecbio and Marsh, JJ.

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Judgment unanimously modified on the law and facts by increasing the award from $150,150 to $174,150, and, ag so modified, affirmed, with costs to claimant. Certain findings of fact and conclusion of law disapproved and reversed and new findings and conclusion made, Memorandum: There is no proof in the record to support the court’s finding No, 6 that the sale by claimant of 19,800 square feet of land to Loblaw, Inc., some time prior to the taking had decreased the value of 51,750 square feet of the remaining tract, which was included in the portion appropriated. This latter area was equally as valuable .as other acreage taken from claimant, which we find is valued at 5.3 cents per square foot. Applying this value before taking to all of the area appropriated, and allowing for tbe undisputed consequential damages of 90% to tbe land remaining, the award should be increased to $174,150. (Appeal from judgment of Court of Claims in fayor of claimant on a claim for permanent .appropriation of realty.)

Present — -Bastow, J. P., Goldman, Henry, Del Yeecbio and Marsh, JJ.

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Bluebook (online)

25 A.D.2d 490, 267 N.Y.S.2d 502, 1966 N.Y. App. Div. LEXIS 5134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrison-v-state-nyappdiv-1966.