City of Rochester v. Baker

Judgment unanimously reversed, on the law and facts, without costs, and new trial granted. Memorandum: This proceeding seeks a determination of damages owing to respondents for condemnation of their laundromat property. The trial court rejected the city’s appraisal in toto and under that circumstance felt compelled to adopt the respondents’ appraisal value without adjustment, although it commented that the value appeared "excessive”. It was within the power of the court to adjust the evidence submitted to arrive at a fair value of the property (Leonard v State of New York, 33 AD2d 711, 712).…