Legal Opinion

City of Rochester v. Iman

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

Decided January 16, 1976PublishedCited by 10 opinions

1Opinion of the Court

Judgment unanimously reversed, on the law and facts, without costs, and new trial granted. Memorandum: The trial court ruled that the appraisal of the subject property made on behalf of the city was inadmissible under our rule 1024.24 (22 NYCRR 1024.24) for failure to contain comparable market data upon which its 9% capitalization rate was based, and so the court completely *652disregarded that appraisal. This was error. The validity of a capitalization rate depends upon the facts presented in support thereof (Matter of City of New York [First Elephants Estates—La Hermosa Church] 17 AD2d 317,…

2Cases cited3 opinions

  1. In re the City of New YorkNew York Court of Appeals · 1969
  2. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1962
  3. Diocese of Buffalo v. State of New YorkNew York Court of Appeals · 1966

3Cited by10 opinions

  1. Addis Co. v. SrogiAppellate Division of the Supreme Court of the State of New York · 1980
  2. Metropolitan Transportation Authority v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
  3. Onondaga Savings Bank v. Cale Development Co.Appellate Division of the Supreme Court of the State of New York · 1978
  4. Scheur v. StateAppellate Division of the Supreme Court of the State of New York · 1978
  5. Village of Hilton v. EdelmanAppellate Division of the Supreme Court of the State of New York · 1981

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