In re the City of Rochester
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed, with costs to defendant. Memorandum: The trial court correctly determined that claimant’s funeral home, which included a chapel with a cathedral ceiling, qualified as a specialty. It was specifically designed, constructed and used as a funeral home. The parties concur that its highest and best use was as a funeral home, and the evidence demonstrates the absence of a market for this type of property in the Rochester area. The structural characteristics and features of the building were unique; and the fact that respondent erected a *716replacement structure similar…
2Cases cited6 opinions
- Keator v. State of New YorkNew York Court of Appeals · 1968
- Sparks v. StateAppellate Division of the Supreme Court of the State of New York · 1975
- Sparks v. StateNew York Court of Appeals · 1976
- City of Glen Cove v. Switzer Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1975
- Dodge v. El Roh Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1972
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