El Sawah v. Empire State Pipeline

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly precluded claimant from offering appraisal testimony on value upon the trial of his claim for damages arising from the acquisition of an easement over his property. Claimant did not file an appraisal report within nine months after service of the claim and notice of appearance (see, 22 NYCRR 202.61 [a] [1]) and did not show good cause for his failure to file the report timely (see, 22 NYCRR 202.61 [a] [3]; Matter of City of Albany [Brown Equip. Co.],…