Messina v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment modified on the law and facts by increasing the award to the sum of $52,500 and as modified affirmed, with costs to the claimant. Certain findings of fact and conclusion of law disapproved and reversed and new findings and conclusion made. Memorandum: We recognize the general rule that a finding of value made in a condemnation proceeding may not be set aside unless, among other things, it appears that the lower court has failed to give to conflicting evidence the relative weight which it should have and thus has arrived at a value which is excessive or inadequate (Matter of City of…
2Cases cited2 opinions
- Matter of City of N.Y. (Newtown Creek)New York Court of Appeals · 1940
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1955