New York State Urban Development Corp. v. Goldfeld

— Judgment unanimously modified, on the law and facts, in accordance with memorandum and, as modified, affirmed, without costs. Memorandum: While we are reluctant to disturb awards in condemnation made by an able and experienced Trial Judge who has seen and heard the witnesses and viewed the properties, we believe that it is our duty to do so if the finding of value made at Special Term "is based upon erroneous theory of law or erroneous ruling in the admission or exclusion of evidence, or * * * it appears that the court at Special Term has failed to give to conflicting evidence the relative…