Legal Opinion
In re City of New York
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 1963PublishedCited by 4 opinions
1Opinion of the CourtEager, J.
I concur in the affirmance of the findings and the awards with respect to damage parcels 13-13A, 19-19A, 31-31A and 32-32A. I concur in the modification of the decree to vacate the awards for damage parcels 22-22A, 36-36A, 39 and 80-80A, and the remanding of the issues on these parcels to Special Term for retrial. I agree that the record is inadequate to support a proper determination with respect to the value of these parcels.
Clearly, an owner of land taken in condemnation proceedings is entitled to recover the fair market value of his property based *46upon the most advantageous use to which…
2Cases cited18 opinions
- Olson v. United StatesSupreme Court of the United States · 1934
- In re WilliamNew York Supreme Court · 1839
- Sparkill Realty Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1938
- Sparkill Realty Corporation v. StateNew York Court of Appeals · 1938
- In re Delancey StreetAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by4 opinions
- Land Clearance for Redevelopment Corp. v. DoernhoeferSupreme Court of Missouri · 1965
- Benderson Development Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1978
- Mobil Oil Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1976
- In re Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1981