Mara v. State

Judgment unanimously reversed on the law, without costs, and new trial granted. Memorandum: In this eminent domain action, the court refused to permit the State’s appraiser to make adjustments to four sales set forth in a list of comparable sales served pursuant to section 16 of the Court of Claims Act but not included in the State’s appraisal. The court held that it could not accept the testimony because of rule 25a of the Court of Claims (22 NYCRR 1200.27 [e] [1]), which provides in part: “Upon the trial of a claim for the appropriation of property the parties shall be precluded from…