Gyrodyne Co. of America, Inc. v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*989The measure of damages in a case involving the partial taking of real property is the difference between the value of the entirety of the premises before the taking and the value of the remainder after the taking (see Diocese of Buffalo v State of New York, 24 NY2d 320, 323 [1969]; Chester Indus. Park Assoc., LLP v State of New York, 65 AD3d 513 [2009]). “ ‘The measure of damages must reflect the fair market value of the property in its highest and best use on the date of the taking, regardless of whether the property is being put to such use at the time’ ” (Chester Indus. Park Assoc., LLP v…
2Cases cited13 opinions
- Matter of City of New YorkNew York Court of Appeals · 1982
- Mtr. of City of Ny (A. & W. Realty Corp.)New York Court of Appeals · 1956
- Matter of City of New YorkNew York Court of Appeals · 1974
- Diocese of Buffalo v. StateNew York Court of Appeals · 1969
- Chester Industrial Park Associates, LLP v. StateAppellate Division of the Supreme Court of the State of New York · 2009
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Matter of 730 Equity Corp. v. New York State Urban Dev. Corp.Appellate Division of the Supreme Court of the State of New York · 2016
- Matter of Queens W. Dev. Corp. v. Nixbot Realty Assoc.Appellate Division of the Supreme Court of the State of New York · 2016
- Matter of County of Orange v. Monroe Bakertown Rd. Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- City of Long Beach v. Sun NLF Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Rocky Point Realty, LLC v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2015
15 more not listed; retrieve them via the Exa API.