Legal Opinion · Dissent

Faulkner v. State

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

Decided February 26, 1998No. Claim No. 83267Published

1Dissent

Mikoll, J. P.

(dissenting). I respectfully dissent.

Central to the question of the value of the property of claimant Robert E. Faulkner (hereinafter claimant), both before and after the taking, was its size before the taking; specifically, whether it was at least 20,000 square feet and therefore in conformity with zoning requirements. Appraisal reports filed by the parties pursuant to 22 NYCRR 206.21 (b) revealed a discrepancy in the parties’ positions as to the before-taking size of claimants’ parcel. Claimants’ appraisal indicated before-taking size of 22,018 square feet and the State’s…

2Cases cited6 opinions

Donaloio v. StateNew York Court of Appeals · 1985
Donaloio v. StateAppellate Division of the Supreme Court of the State of New York · 1984
White Plains Properties Corp. v. Tax Assessor of City of White PlainsAppellate Division of the Supreme Court of the State of New York · 1977
Matter of White Plains Props. Corp. v. Tax Assessor of the City of White PlainsNew York Court of Appeals · 1978
In re the Acquisition of Real Property by Country Knolls Water Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1996

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