Town of Clarkstown v. Cohen

Appellate Division of the Supreme Court of New York

Town of Clarkstown v. Cohen

52 A.D.2d 623, 383 N.Y.S.2d 543, 1976 N.Y. App. Div. LEXIS 12255

Appellate Division of the Supreme Court of the State of New York·Decided April 19, 1976·Published·Cited by 1 cases

Opinion

In a condemnation proceeding, the plaintiff condemnor appeals from a judgment of the Supreme Court, Rockland County, dated March 18, 1975, which, after a nonjury trial, inter alia, fixed the amount of compensation to be paid [624] to the defendant condemnee. Judgment affirmed, with costs. The instant award does not violate the rule of Arlen of Nanuet v State of New York (26 NY2d 346) as it is not based upon a proposed lease for a hypothetical structure, but rather upon consideration of sales prices and net land leases paid for comparable parcels, and is amply supported by the record. Hopkins, Acting P. J., Martuscello, Cohalan, Rabin and Shapiro, JJ., concur.

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In a condemnation proceeding, the plaintiff condemnor appeals from a judgment of the Supreme Court, Rockland County, dated March 18, 1975, which, after a nonjury trial, inter alia, fixed the amount of compensation to be paid [624] to the defendant condemnee. Judgment affirmed, with costs. The instant award does not violate the rule of Arlen of Nanuet v State of New York (26 NY2d 346) as it is not based upon a proposed lease for a hypothetical structure, but rather upon consideration of sales prices and net land leases paid for comparable parcels, and is amply supported by the record. Hopkins, Acting P. J., Martuscello, Cohalan, Rabin and Shapiro, JJ., concur.

Town of Clarkstown v. Cohen, 52 A.D.2d 623, 383 N.Y.S.2d 543, 1976 N.Y. App. Div. LEXIS 12255 (N.Y. Ct. App. 1976).

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Opinion

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