National Fuel Gas Supply Corp. v. Anger

Appellate Division of the Supreme Court of New York

National Fuel Gas Supply Corp. v. Anger

149 A.D.2d 951, 540 N.Y.S.2d 394, 1989 N.Y. App. Div. LEXIS 5971

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

DecidedApril 14, 1989

StatusPublished

This text of 149 A.D.2d 951 (National Fuel Gas Supply Corp. v. Anger) 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

National Fuel Gas Supply Corp. v. Anger, 149 A.D.2d 951, 540 N.Y.S.2d 394, 1989 N.Y. App. Div. LEXIS 5971 (N.Y. Ct. App. 1989).

Pincite

Opinion

— Judgment unanimously modified on the law and as modified affirmed with costs to appellant, in accordance with the following memorandum: We agree with the trial court’s finding that condemnee failed to establish by competent evidence that the gas located on condemnee’s property was commercially recoverable (Iroquois Gas Corp. v Gernatt, 50 Mise 2d 1028, affd 28 AD2d 811, affd 22 NY2d 694). We disagree, however, with the trial court’s determination that condemnee is not entitled to recover rental fees. Condemnor’s assistant manager of land recovery téstified that, as a matter of policy, condemnor paid $2 per acre per year rental for storage rights. This constituted an admission and as such should have been considered as proof of rental value. Because there is no other competent evidence of value in the record, the court should have found an annual rental value of $2 per acre. (Resubmission of appeal from judgment of Supreme Court, Erie County, Kane, J. — condemnation.) Present—Doerr, J. P., Denman, Boomer, Pine and Lawton, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Judgment unanimously modified on the law and as modified affirmed with costs to appellant, in accordance with the following memorandum: We agree with the trial court’s finding that condemnee failed to establish by competent evidence that the gas located on condemnee’s property was commercially recoverable (Iroquois Gas Corp. v Gernatt, 50 Mise 2d 1028, affd 28 AD2d 811, affd 22 NY2d 694). We disagree, however, with the trial court’s determination that condemnee is not entitled to recover rental fees. Condemnor’s assistant manager of land recovery téstified that, as a matter of policy, condemnor paid $2 per acre per year rental for storage rights. This constituted an admission and as such should have been considered as proof of rental value. Because there is no other competent evidence of value in the record, the court should have found an annual rental value of $2 per acre. (Resubmission of appeal from judgment of Supreme Court, Erie County, Kane, J. — condemnation.) Present—Doerr, J. P., Denman, Boomer, Pine and Lawton, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

149 A.D.2d 951, 540 N.Y.S.2d 394, 1989 N.Y. App. Div. LEXIS 5971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-fuel-gas-supply-corp-v-anger-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack