New Rochelle Water Co. v. State

Appellate Division of the Supreme Court of New York

New Rochelle Water Co. v. State

9 A.D.2d 824, 192 N.Y.S.2d 761, 1959 N.Y. App. Div. LEXIS 6180

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

DecidedNovember 13, 1959

DocketClaim No. 33578

StatusPublished

This text of 9 A.D.2d 824 (New Rochelle Water Co. 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

New Rochelle Water Co. v. State, 9 A.D.2d 824, 192 N.Y.S.2d 761, 1959 N.Y. App. Div. LEXIS 6180 (N.Y. Ct. App. 1959).

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Opinion

— Both litigants appeal from a decision of the Court of Claims awarding damages to the claimant. The State of Hew York appropriated certain streets in the City of Hew Rochelle for Thruway purposes and in so doing the taking rendered valueless pipes and other property of the claimant located in the streets under franchise rights. The State, without offering any proof, contended such an appropriation was not subject to a claim for damages and in any event, the only damages were “salvage value”. The claimant appeals from the amount of the award on the grounds it is insufficient as the proper method of damages was not used. We are in accord with the decision of the lower court that the proper measure of damages for pipes and other property of the claimant located in the streets is original cost less depreciation but set aside and reverse the award as there was no proof of the value of the property and therefore no basis for the amount of damages. On the retrial of the issues both sides should be prepared to submit proof, if they so desire, on the question of damages. Judgment of the Court of Claims reversed on the law and facts [825]*825and a new trial granted, without costs. Foster, P. J., Bergan, Gibson, Herlihy and Reynolds, JJ., concur. [14 Misc 2d 807.]

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— Both litigants appeal from a decision of the Court of Claims awarding damages to the claimant. The State of Hew York appropriated certain streets in the City of Hew Rochelle for Thruway purposes and in so doing the taking rendered valueless pipes and other property of the claimant located in the streets under franchise rights. The State, without offering any proof, contended such an appropriation was not subject to a claim for damages and in any event, the only damages were “salvage value”. The claimant appeals from the amount of the award on the grounds it is insufficient as the proper method of damages was not used. We are in accord with the decision of the lower court that the proper measure of damages for pipes and other property of the claimant located in the streets is original cost less depreciation but set aside and reverse the award as there was no proof of the value of the property and therefore no basis for the amount of damages. On the retrial of the issues both sides should be prepared to submit proof, if they so desire, on the question of damages. Judgment of the Court of Claims reversed on the law and facts [825]*825and a new trial granted, without costs. Foster, P. J., Bergan, Gibson, Herlihy and Reynolds, JJ., concur. [14 Misc 2d 807.]

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Bluebook (online)

9 A.D.2d 824, 192 N.Y.S.2d 761, 1959 N.Y. App. Div. LEXIS 6180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-rochelle-water-co-v-state-nyappdiv-1959.

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