Legal Opinion

In re New York State Urban Development Corp.

Appellate Division of the Supreme Court of the State of New York

Decided September 30, 2003PublishedCited by 3 opinions

1Opinion of the Court

—Judgment, Supreme Court, New York County (Stanley Parness, J.), entered April 17, 2002, awarding claimant $6,309,221 plus interest in this condemnation proceeding, unanimously affirmed, with costs.

The trial court exercised its discretion appropriately in concluding that the claimant’s potential sale of transferable development rights was too speculative to be included in the valuation of the condemned property (see Matter of Adirondack Hydro Dev. Corp., 205 AD2d 925, 926 [1994]). Indeed, there was ample evidence to support the court’s finding that, absent the condemnations affecting…

2Cases cited4 opinions

  1. Matter of City of New YorkNew York Court of Appeals · 1974
  2. In re the Acquisition of Real Property by the Adirondack Hydro Development Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  3. In re the Acquisition of Easements by Albany County Airport AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
  4. In re Poe CenterAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by3 opinions

  1. Friedberg v. Comm'rUnited States Tax Court · 2011
  2. Matter of City of New York (Eman Realty Corp.)Appellate Division of the Supreme Court of the State of New York · 2021
  3. In re Bradhurst Urban Renewal AreaAppellate Division of the Supreme Court of the State of New York · 2007

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