City of Batavia v. Leo J. Bolas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: The trial court properly determined that the measure of damages in this partial taking case was "the difference between the value of the whole before the taking and the value of the remainder after the taking” (Diocese of Buffalo v State of New York, 24 NY2d 320, 323). We affirm the trial court’s award inasmuch as it is within the range of the conflicting expert opinion testimony and is not affected by legal error (see, Matter of Village of Hilton v Edelman, 83 AD2d 767; City of Buffalo v Goldman, 63 AD2d 828, 829). The city’s…
2Cases cited4 opinions
- Latham Holding Co. v. State of NYNew York Court of Appeals · 1965
- Diocese of Buffalo v. StateNew York Court of Appeals · 1969
- City of Buffalo v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1978
- Village of Hilton v. EdelmanAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by3 opinions
- Meyers v. StateAppellate Division of the Supreme Court of the State of New York · 1995
- Jonas v. Power AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Townn of Brookhaven v. ReithAppellate Division of the Supreme Court of the State of New York · 1998