Woodward v. State

Appellate Division of the Supreme Court of New York

Woodward v. State

30 A.D.2d 763, 291 N.Y.S.2d 841, 1968 N.Y. App. Div. LEXIS 3682

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

DecidedJune 24, 1968

DocketClaim No. 44797

StatusPublished

This text of 30 A.D.2d 763 (Woodward 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

Woodward v. State, 30 A.D.2d 763, 291 N.Y.S.2d 841, 1968 N.Y. App. Div. LEXIS 3682 (N.Y. Ct. App. 1968).

Pincite

Opinion

Judgment unanimously modified on the law and facts to the extent of increasing the amount of the award to $63,940 and, as modified, affirmed, with costs to appellants. Memorandum: We find no proof in the record to sustain the finding of the trial court that the fair market value of claimants’ landlocked property (6.752 acres) remaining after the appropriation was $5,000 an acre for a total after value of $33,760. Claimants’ expert did place reliance on a comparable (Sale No. 6) that disclosed a per acre value of $5,481. But this property (unlike appellants’) had substantial frontage on two streets. While the witness made no attempt to adjust this sale he did express the opinion that the after value of subject property was $2,500 an acre. The expert called by the State fixed an after value of the same remaining land at $1,250 an acre-—a figure that would result in even greater damage to appellants. We find the per acre value of such remainder to be $2,500 and increase the award by the sum of $16,880. (Appeal from judgment of the Court of Claims, in action for permanent appropriation of realty.) Present — Bastow, P. J., Goldman, Del Vecchio, Witmer and Henry, JJ.

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Judgment unanimously modified on the law and facts to the extent of increasing the amount of the award to $63,940 and, as modified, affirmed, with costs to appellants. Memorandum: We find no proof in the record to sustain the finding of the trial court that the fair market value of claimants’ landlocked property (6.752 acres) remaining after the appropriation was $5,000 an acre for a total after value of $33,760. Claimants’ expert did place reliance on a comparable (Sale No. 6) that disclosed a per acre value of $5,481. But this property (unlike appellants’) had substantial frontage on two streets. While the witness made no attempt to adjust this sale he did express the opinion that the after value of subject property was $2,500 an acre. The expert called by the State fixed an after value of the same remaining land at $1,250 an acre-—a figure that would result in even greater damage to appellants. We find the per acre value of such remainder to be $2,500 and increase the award by the sum of $16,880. (Appeal from judgment of the Court of Claims, in action for permanent appropriation of realty.) Present — Bastow, P. J., Goldman, Del Vecchio, Witmer and Henry, JJ.

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Bluebook (online)

30 A.D.2d 763, 291 N.Y.S.2d 841, 1968 N.Y. App. Div. LEXIS 3682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodward-v-state-nyappdiv-1968.