§ 60 — Trial; evidence of value

New York § 60

• Jurisdiction: New York
• Law RAT: Rapid Transit
• Art. 6: Acquisition of Property By the City

Text

§ 60. Trial; evidence of value. a. Upon the trial, evidence of the\nprice and other terms upon any sale, or of the rent reserved and other\nterms upon any lease, relating to any of the property taken or to be\ntaken or to any other property in the vicinity thereof shall be\nrelevant, material and competent, upon the issue of value or damage and\nshall be admissible on direct examination, if the court shall find:\n 1. That such sale or lease was made within a reasonable time of the\nvesting of title in the city,\n 2. That it was freely made in good faith in ordinary course of\nbusiness, and\n 3. In case such sale or lease relates to other than property taken or\nto be taken, that it relates to property which is similar to the\nproperty taken or to be taken.\n b. No such evidence shall be admissible as to any sale or lease, which\nshall not have been the subject of an examination before trial either at\nthe instance of the city or of an owner:\n 1. Unless at least twenty days before the trial the attorney for the\nparty proposing to offer such evidence shall have served a written\nnotice in respect of such sale or lease. Such notice shall specify the\nnames and addresses of the parties to the sale or lease, the date of the\nmaking thereof, the location of the premises, the office, liber and page\nof the record thereof, if recorded, and the purchase price or rent\nreserved and other material terms; or\n 2. Unless such sale or lease shall have occurred within twenty days\nbefore the trial.\nSuch notice by the corporation counsel shall be served upon all owners\nor their attorneys who have appeared in the proceeding; or if served on\nbehalf of an owner, shall be served upon the corporation counsel and\nupon all other owners or their attorneys who have appeared in the\nproceeding. The testimony of a witness as to his opinion or estimate of\nvalue or damage shall be incompetent, if it shall appear that such\nopinion or estimate is based upon a sale or lease of any of the property\ntaken or to be taken or of any of the property in the vicinity thereof,\nwhich shall not have been the subject of an examination before trial,\nunless it shall have been specified in a notice served as aforesaid or\nshall have occurred within twenty days before the trial.\n c. Upon the trial, no map or plan of proposed streets, drains or sewers\nfor the subdivision and improvement of any property, nor any drawing or\nother specification of excavation or filling or piling or of any other\nproposed structure above or under ground deemed necessary or proper to\nprovide a foundation for a suitable or adequate improvement or of any\nother structure or improvement not existing on the property on the date\nthat title thereto may vest in the city nor any oral or written estimate\nof cost or expense of constructing the streets, drains or sewers in\nconformity with such map or plan, nor any oral or written estimate of\nthe cost of making such excavation or filling or piling or of\nconstructing any such other proposed structure or improvement in\nconformity with such drawing or other specification thereof, nor any\nevidence of value or damage based upon any of the foregoing, shall be\nreceived in evidence, unless the party offering the same in evidence\nshall have served upon the adverse party, at least thirty days prior to\nthe trial, a notice of intention to offer such evidence on the trial and\nof the particulars thereof, including a true copy of the map or plan or\ndrawing and other specification and estimate of cost or expense to be so\noffered in evidence, provided, however, that when offered such evidence\nshall be subject to objection upon any legal ground.\n