Sayjo Mobile Homes, Inc. v. State

Appellate Division of the Supreme Court of New York

Sayjo Mobile Homes, Inc. v. State

39 A.D.2d 795, 332 N.Y.S.2d 445, 1972 N.Y. App. Div. LEXIS 4571

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

DecidedMay 18, 1972

DocketClaim No. 49902

StatusPublished

This text of 39 A.D.2d 795 (Sayjo Mobile Homes, Inc. 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

Sayjo Mobile Homes, Inc. v. State, 39 A.D.2d 795, 332 N.Y.S.2d 445, 1972 N.Y. App. Div. LEXIS 4571 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal by the claimant from a judgment, entered March 11, 1971, upon a decision of the Court of Claims which awarded the sum of $2,500 by reason of the appropriation on October 5, 1967 of a 20-foot-wide strip from the claimant’s premises as such premises fronted Route 211. Proof established that the claimant’s premises had the same highest and best use before and after the appropriation as a mobile home trailer park and for a mobile home sales area. The claimant did establish that because of a change in grade of the highway affecting its means of ingress and egress, 70-foot trailers could not be brought upon the premises after the appropriation without a grave probability of damage to such a trailer. However, there is nothing to establish that such an isolated loss of possible, utility of the premises had any effect upon the highest and best use of the premises or the profitability of the business situated thereon. Upon [796]*796the present record the claimant did not establish any basis for the cost of cure award by the trial court, however, the State has taken no appeal and asks that the judgment be affirmed. Judgment affirmed, without costs. Herlihy, P. J., Creenblott, Cooke, Sweeney and Reynolds, JJ., concur.

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Appeal by the claimant from a judgment, entered March 11, 1971, upon a decision of the Court of Claims which awarded the sum of $2,500 by reason of the appropriation on October 5, 1967 of a 20-foot-wide strip from the claimant’s premises as such premises fronted Route 211. Proof established that the claimant’s premises had the same highest and best use before and after the appropriation as a mobile home trailer park and for a mobile home sales area. The claimant did establish that because of a change in grade of the highway affecting its means of ingress and egress, 70-foot trailers could not be brought upon the premises after the appropriation without a grave probability of damage to such a trailer. However, there is nothing to establish that such an isolated loss of possible, utility of the premises had any effect upon the highest and best use of the premises or the profitability of the business situated thereon. Upon [796]*796the present record the claimant did not establish any basis for the cost of cure award by the trial court, however, the State has taken no appeal and asks that the judgment be affirmed. Judgment affirmed, without costs. Herlihy, P. J., Creenblott, Cooke, Sweeney and Reynolds, JJ., concur.

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Bluebook (online)

39 A.D.2d 795, 332 N.Y.S.2d 445, 1972 N.Y. App. Div. LEXIS 4571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sayjo-mobile-homes-inc-v-state-nyappdiv-1972.