Opinion · Appellate Division of the Supreme Court of the State of New York

In re the City of New York

In re City of N.Y., 138 N.Y.S.2d 23 (Appellate Division of the Supreme Court of the State of New York 1955)

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
1955-02-28
Topic
intellectual-property-and-technology

In a condemnation proceeding, final decree, insofar as it makes an award for damage parcel No. 7, modified on the facts by increasing the award from $10,900 to $14,000. As so modified, decree, insofar as appealed from, unanimously affirmed, with costs to the appellant. The finding, implicit in the decision and decree of the Special Term, that $10,900 is the value of said damage parcel, is reversed, and a new finding is made to the effect that such value is $14,000. The opinion of respondent’s expert was that the value of this damage parcel is $10,900. The opinion of appellant’s expert was that the value is $24,000.

Citator

UpLaw has not yet analyzed In re the City of New York. The absence of a flag is not a finding that it is good law.

Cited by
1 opinion

In a condemnation proceeding, final decree, insofar as it makes an award for damage parcel No. 7, modified on the facts by increasing the award from $10,900 to $14,000. As so modified, decree, insofar as appealed from, unanimously affirmed, with costs to the appellant. The finding, implicit in the decision and decree of the Special Term, that $10,900 is the value of said damage parcel, is reversed, and a new finding is made to the effect that such value is $14,000. The opinion of respondent’s expert was that the value of this damage parcel is $10,900. The opinion of appellant’s expert was that the value is $24,000. The assessed valuation is $14,000. Under the unusual circumstances revealed by the record here, we find that $14,000 is the fair value of the property taken. Present — Nolan, P. J., Wenzel, MacCrate, Beldock and Murphy, JJ.