Dipson Realty Co. v. State

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to claimant. Memorandum: Claimant appeals on the ground of inadequacy from an award of $98,040 for the taking of a portion of its drive-in theatre property located near Hornell, New York. The subject property was the only drive-in theatre in the area. It was a specialty and, therefore, it was proper to appraise it by the reproduction cost less depreciation method (Matter of City of N. Y. [Maxwell] 15 A D 2d 153, 173, 174, affd. 12 N Y 2d 1086). In addition to such an appraisal submitted by each party there…