People v. Shapiro

Appellate Division of the Supreme Court of New York

People v. Shapiro

5 A.D.2d 821, 170 N.Y.S.2d 762, 1958 N.Y. App. Div. LEXIS 6916

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

DecidedFebruary 18, 1958

StatusPublished

Cited by1 cases

This text of 5 A.D.2d 821 (People v. Shapiro) 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 v. Shapiro, 5 A.D.2d 821, 170 N.Y.S.2d 762, 1958 N.Y. App. Div. LEXIS 6916 (N.Y. Ct. App. 1958).

Pincite

Opinion

The decree is modified so as to fix the total award for Damage Parcel No. 132 at $274,424, and is otherwise affirmed. In determining the value of the building, using the capitalization of estimated net income method, those portions of the premises occupied by the statutory tenant at a controlled rent, should not have been valued on the basis of an uncontrolled fair market rental. Giving the claimant the benefit of all the other findings made by Special Term, the use of appraisals based on the controlled rent paid by the statutory tenant results in a reduction of the building value to $226,000, the land value remaining unchanged. Settle order on notice.

Concur-—Botein, P. J., Rabin, Valente, McNally and Stevens, JJ.

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The decree is modified so as to fix the total award for Damage Parcel No. 132 at $274,424, and is otherwise affirmed. In determining the value of the building, using the capitalization of estimated net income method, those portions of the premises occupied by the statutory tenant at a controlled rent, should not have been valued on the basis of an uncontrolled fair market rental. Giving the claimant the benefit of all the other findings made by Special Term, the use of appraisals based on the controlled rent paid by the statutory tenant results in a reduction of the building value to $226,000, the land value remaining unchanged. Settle order on notice.

Concur-—Botein, P. J., Rabin, Valente, McNally and Stevens, JJ.

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Bluebook (online)

5 A.D.2d 821, 170 N.Y.S.2d 762, 1958 N.Y. App. Div. LEXIS 6916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shapiro-nyappdiv-1958.

Opinion

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