Legal Opinion
Matter of City of New York
New York Court of Appeals
Decided February 9, 1982PublishedCited by 83 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the matter remitted to that court for a review of the facts. The Appellate Division increased the plottage increment from 5% to 10% as a matter of law. This was error.
In determining an award to an owner of condemned property, the findings must either be within the range of the expert testimony or be supported by other evidence and adequately explained by the court (Matter of City of New York [A. & W. Realty Corp.], 1 NY2d 428, 432-433; Milsap v State of New York, 32 AD2d 586).
Chief Judge…
2Cases cited2 opinions
- Mtr. of City of Ny (A. & W. Realty Corp.)New York Court of Appeals · 1956
- Milsap v. StateAppellate Division of the Supreme Court of the State of New York · 1969
3Cited by83 opinions
- Metropolitan Transportation Authority v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Yaphank Development Co. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1994
- Chester Industrial Park Associates, LLP v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- Northville Industries Corp. v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1988
- Reina v. ReinaAppellate Division of the Supreme Court of the State of New York · 1989
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