People ex rel. 19 Rector St. Corp. v. Miller

Appellate Division of the Supreme Court of New York

People ex rel. 19 Rector St. Corp. v. Miller

263 A.D. 800, 31 N.Y.S.2d 410

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

DecidedDecember 12, 1941

StatusPublished

Cited by1 cases

This text of 263 A.D. 800 (People ex rel. 19 Rector St. Corp. v. Miller) 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

People ex rel. 19 Rector St. Corp. v. Miller, 263 A.D. 800, 31 N.Y.S.2d 410 (N.Y. Ct. App. 1941).

Pincite

Opinion

Per Curiam.

Upon the issue of fact presented by the evidence, the Special Term was justified in the valuation of the land at $470,000. In our opinion, however, the Special Term failed to give sufficient weight to the record of earnings of the property throughout a period of about ten years. Giving due weight to all the elements properly to be considered, we think the fair value of the building for the year commencing July 1, 1940, was $2,000,000 and that the total value of the land and building was, therefore, $2,470,000. This valuation also more nearly accords with the assessment of the property at $2,250,000 in 1933 and $2,200,000 in 1934.

The order- should be modified accordingly, and as so modified, affirmed, with twenty dollars costs and disbursements to the appellant.

Present — Martin, P. J., Glennon, Untermyer, Cohn and Callahan, JJ.

Order unanimously modified as indicated in opinion, and, as so modified, affirmed, with twenty dollars costs and disbursements to appellant. Settle order on notice.

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

Per Curiam.

Upon the issue of fact presented by the evidence, the Special Term was justified in the valuation of the land at $470,000. In our opinion, however, the Special Term failed to give sufficient weight to the record of earnings of the property throughout a period of about ten years. Giving due weight to all the elements properly to be considered, we think the fair value of the building for the year commencing July 1, 1940, was $2,000,000 and that the total value of the land and building was, therefore, $2,470,000. This valuation also more nearly accords with the assessment of the property at $2,250,000 in 1933 and $2,200,000 in 1934.

The order- should be modified accordingly, and as so modified, affirmed, with twenty dollars costs and disbursements to the appellant.

Present — Martin, P. J., Glennon, Untermyer, Cohn and Callahan, JJ.

Order unanimously modified as indicated in opinion, and, as so modified, affirmed, with twenty dollars costs and disbursements to appellant. Settle order on notice.

Cite This Page — Counsel Stack

Bluebook (online)

263 A.D. 800, 31 N.Y.S.2d 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-19-rector-st-corp-v-miller-nyappdiv-1941.

Opinion

Related

Cite This Page — Counsel Stack