Hyperlawhypertext legal database In re Acquiring Title by the County of Nassau to an Easement in Perpetuity for Parkway Purposes 231 A.D. 870

← Cases

In re Acquiring Title by the County of Nassau to an Easement in Perpetuity for Parkway Purposes

231 A.D. 870 Court N.Y. App. Div. English

Contents

Majority

p. 870
In the Matter of Acquiring Title by the County of Nassau to an Easement in Perpetuity for Parkway Purposes in and over Certain Portions of Southern State Parkway No. 81 at Valley Stream, in the Town of Hempstead, County of Nassau and State of New York, Duly Selected by the Board of Supervisors of the County of Nassau for Use of Said County as a Parkway According to Law. C. G. & K. Holding Corporation, Appellant; County of Nassau, Respondent.

Order of the County Court of Nassau county setting aside report of commissioners affirmed, with costs. In addition to the views of the learned ■ county judge, we are of opinion that the admission of the contract in evidence was error, and that it was also error to admit the testimony of the assessed value which was levied by a municipality not a party to the proceeding. Lazansky, P. J., Young and Kapper, JJ., concur; Hagarty and Tompkins, JJ., dissent and vote to reverse and to confirm the award.