Niagara Falls Urban Renewal Agency v. Clifton Holding, Inc.

Order unanimously reversed, with costs, and motion granted. Memorandum: In its decision County Court declared that the second appraisal at issue in this case was but a “backup appraisal” used by the Federal Government merely to establish a maximum acquisition price in the negotiations to purchase defendant’s property. Having so found, the court noted that “ in this jurisdiction it is well settled that appraisals used solely for the purpose of establishing a recommended price are not discoverable nor admissible in evidence ”, citing Matter of Incorporated Vil. of Hempstead (58 Misc 2d 648,…