Spitz v. State

Appellate Division of the Supreme Court of New York

Spitz v. State

198 A.D.2d 774, 605 N.Y.S.2d 996

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

DecidedNovember 19, 1993

DocketClaim No. 76965

StatusPublished

Cited by1 cases

This text of 198 A.D.2d 774 (Spitz 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.

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Spitz v. State, 198 A.D.2d 774, 605 N.Y.S.2d 996 (N.Y. Ct. App. 1993).

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Opinion

—Judgment unanimously affirmed without costs. Memorandum: The Court of Claims’ factual finding that the highest and best use of the subject properties was for industrial and warehouse purposes is not contrary to the weight of evidence. We perceive no reason to disturb the court’s weighing of expert testimony, especially where, as here, the court’s determination was aided by viewing the properties.

We have reviewed claimants’ remaining contentions and find them to be without merit. (Appeal from Judgment of Court of Claims, NeMoyer, J. — Appropriation.) Present — Den-man, P. J., Callahan, Balio, Boomer and Boehm, JJ.

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—Judgment unanimously affirmed without costs. Memorandum: The Court of Claims’ factual finding that the highest and best use of the subject properties was for industrial and warehouse purposes is not contrary to the weight of evidence. We perceive no reason to disturb the court’s weighing of expert testimony, especially where, as here, the court’s determination was aided by viewing the properties.

We have reviewed claimants’ remaining contentions and find them to be without merit. (Appeal from Judgment of Court of Claims, NeMoyer, J. — Appropriation.) Present — Den-man, P. J., Callahan, Balio, Boomer and Boehm, JJ.

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198 A.D.2d 774, 605 N.Y.S.2d 996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spitz-v-state-nyappdiv-1993.

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