Legal Opinion
County of Nassau v. 408 Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 29, 2001PublishedCited by 3 opinions
1Opinion of the Court
—In a condemnation proceeding, the condemnee appeals, on the ground of inadequacy, from so much of a judgment of the Supreme Court, Nassau County (Adams, J.), entered February 15, 2000, as, after a nonjury trial, awarded it only $20,000 for the fee taking.
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The Supreme Court properly assessed the damages in this case. The general rule in New York is that a property condemned by the government is valued as of the date of its actual taking (see, Wolfe v State of New York, 22 NY2d 292). Where there is a partial taking of…
2Cases cited9 opinions
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- Wilmot v. State of New YorkNew York Court of Appeals · 1973
- Wolfe v. State of New YorkNew York Court of Appeals · 1968
- Acme Theatres, Inc. v. StateNew York Court of Appeals · 1970
- In re the Acquisition of Real Property by SchenectadyAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by3 opinions
- Chemical Corp. v. Town of East HamptonAppellate Division of the Supreme Court of the State of New York · 2002
- 90 Front Street Associates, LLC v. StateAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Village of Haverstraw v. Ray Riv. Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2021