City of Rochester v. Baker

Judgment unanimously reversed, on the law and facts, without costs, and new trial granted. Memorandum: The general rule is that the amount of recovery upon the condemnation of land on which buildings and other improvements are located is to be measured by the value of the land, together with the buildings and improvements viewed as a whole, and *1005not separately. Nevertheless, it has also been held that so long as the sum meets the standard of just compensation and is within the range of the evidence, it will not be deemed error. (See 19 NY Jur Eminent Domain, § 179; 1 ALR2d 878.) However, the…