Van Kleeck v. State

223 N.E.2d 41, 18 N.Y.2d 897, 276 N.Y.S.2d 633, 1966 N.Y. LEXIS 970
CourtNew York Court of Appeals
DecidedNovember 29, 1966
DocketClaim 39285
StatusPublished
Cited by8 cases

This text of 223 N.E.2d 41 (Van Kleeck v. State) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Van Kleeck v. State, 223 N.E.2d 41, 18 N.Y.2d 897, 276 N.Y.S.2d 633, 1966 N.Y. LEXIS 970 (N.Y. 1966).

Opinion

*899 Memorandum. The order appealed from should be modified (see Cornell v. T. V. Development Corp., 17 N Y 2d 69, 73). Since the property was valued on a commercial basis, no value should have been assigned to the buildings on the property, which were inconsistent with that use (Matter of Erlanger, 237 N. Y. 159, 164; Spano v. State of New York, 22 A D 2d 757). Accordingly, the order of the Appellate Division is modified to the extent of striking therefrom so much as awards $15,000 for the buildings and, as modified, the order is affirmed, with costs.

Chief Judge Desmond and Judges Fuld, Yan Voorhis, Burke, Soileppi, Bergan and Keating concur.

Order modified in accordance with the memorandum herein and, as so modified, affirmed, with costs.

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Bluebook (online)
223 N.E.2d 41, 18 N.Y.2d 897, 276 N.Y.S.2d 633, 1966 N.Y. LEXIS 970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-kleeck-v-state-ny-1966.