[DOWNLOAD] "Matter City Rochester v. Bsf Realty" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Matter City Rochester v. Bsf Realty
- Author : Supreme Court of New York
- Release Date : January 04, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
[59 A.D.2d 1035 Page 1035] Judgment unanimously affirmed, without costs. Memorandum: We do not agree with appellant's claim that the decision of the trial court is so inadequate that it precludes proper appellate review. None of the defects found in the authorities relied upon by appellant, such as the failure to identify direct and consequential damage (Wineburgh v State of New York, 20 A.D.2d 961) or the failure to specify the highest and best use of the parcel (Conklin v State of New York, 22 A.D.2d 481), is present here. The trial court properly determined that the highest and best use of the subject was its existing use and the market value established by the court was well within the range of expert testimony. Although the computations employed by the court to fix the award were not disclosed, this omission requires neither reversal nor modification where the court's valuation is adequately supported by the evidence (Norris v State of New York, 42 A.D.2d 839; Miller Paper Co. v State of New York, 34 A.D.2d 880). While appellant does not claim that the proof, if accepted, is insufficient to sustain the award, it does contend that the comparable sales utilized by the city's expert should have been rejected and the range of testimony thereby eliminated. The suitability of comparable sales, absent legal error (Argersinger v State of New York, 32 A.D.2d 708, 709), is a matter for resolution by the trial court (Yonkers Realty Assoc. v State of New York, [59 A.D.2d 1035 Page 103652]