Van Kleeck v. State

Memorandum. The order appealed from should be modified (see Cornell v. T. V. Development Corp., 17 N Y 2d 69, 73). Since the property was valued on a commercial basis, no value should have been assigned to the buildings on the property, which were inconsistent with that use (Matter of Erlanger, 237 N. Y. 159, 164; Spano v. State of New York, 22 A D 2d 757). Accordingly, the order of the Appellate Division is modified to the extent of striking therefrom so much as awards $15,000 for the buildings and, as modified, the order is affirmed, with costs.

Chief Judge Desmond and Judges Fuld, Yan…