Legal Opinion

787 Central Park Avenue, Inc. v. State

Appellate Division of the Supreme Court of the State of New York

Decided May 23, 1958PublishedCited by 2 opinions

1Opinion of the CourtBergaN, J.

In the course of the trial of its claim in the Court of Claims for the condemnation of its property by the State of New York, the claimant caused a subpoena duces tecum to be served on the appellant Cross Properties, Inc. The Court of Claims has denied the subpoenaed corporation’s motion to quash the subpoena without prejudice to its renewal. We are of opinion the motion was correctly decided.

On the issue of damage resulting to the claimant for taking its property by the State, the rental value of the land and of its improvements are significant factors. A two-story building had been erected…

2Cases cited3 opinions

  1. Carlisle v. BennettNew York Court of Appeals · 1935
  2. Carlisle v. BennettAppellate Division of the Supreme Court of the State of New York · 1935
  3. Carlisle v. BennettAppellate Division of the Supreme Court of the State of New York · 1935

3Cited by2 opinions

  1. People v. HamlinAppellate Division of the Supreme Court of the State of New York · 1977
  2. People v. McDowellAppellate Division of the Supreme Court of the State of New York · 1977

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