Marks v. State

Judgment unanimously modified on the law and facts and as modified affirmed without costs, in accordance with the following memorandum: The trial court erred in adopting the method used by claimants’ appraiser to value the subject properties for their potential commercial highest and best usef It is well settled that property is to be valued as it exists on the date of taking and that an increment is to be added to reflect the potential use (Matter of County of Suffolk [Firester], 37 NY2d 649; Liere v State of New York, 39 AD2d 980; Hewitt v State of New York, 18 AD2d 1128). The comparable…