Legal Opinion
City of New York v. State
Appellate Division of the Supreme Court of the State of New York
Decided July 24, 1975No. Claim No. 52284PublishedCited by 5 opinions
1Opinion of the Court
Appeal from a judgment entered September 17, 1974 upon a decision of the Court of Claims. It is not disputed that the claimant is entitled to "just compensation” for the property taken pursuant to section 3 of the General Municipal Law. The State urges, however, that since the improvement in the form of bridge structures is inconsistent with the conceded highest and best use of the land such improvements have no value as a matter of law (Acme Theatres v State of New York, 26 NY2d 385), or alternatively, if value is to be given to such structures, the value of the land as found by the trial…
2Cases cited6 opinions
- United States v. Virginia Electric & Power Co.Supreme Court of the United States · 1961
- United States v. Commodities Trading Corp.Supreme Court of the United States · 1950
- Acme Theatres, Inc. v. StateNew York Court of Appeals · 1970
- In Re the Port Authority Trans-Hudson Corp.New York Court of Appeals · 1967
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1952
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3Cited by5 opinions
- In re Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1981
- In re Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1983
- City of New York v. StateNew York Court of Claims · 1976
- In re Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1981
- Town of Hempstead v. Lee Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1981