Tremarco Corp. v. State

Appeal and cross appeal from a judgment of the Court of Claims awarding claimant $33,000, and interest, for the appropriation of approximately .192 acre of land in the Town of Colonie, Albany County. The improvement values testified to by the claimants’ expert being based on the erroneous use of reproduction cost less depreciation could not, standing alone, properly be considered by the trial court. Accordingly, since the court’s before value of the improvement exceeds the testimony by the State’s expert, it is clearly outside the range and must he supported by other evidence (Matter of City…