Majority
p. 980In the Matter of Arthur C. Ford et al., Constituting the Board of Water Supply of the City of New York, Appellants, Relative to Acquiring Title to Real Estate for the City of New York in the County of Sullivan. C. Howard Swartwout et al., Respondents.
Memorandum by the Court. The awards rest solely on proof of reproduction cost less depreciation, without any indication that either property was unique or a specialty (Guthmuller v. State of New York, 23 A D 2d 597 ). Determinations thus bottomed on erroneous principles of law must, of course, be rejected (Matter of Huie [Fletcher], 2 N Y 2d 168 , 171). Orders reversed, on the law and the facts, and cases remanded to Special Term for remittal to a new commission for rehearing and determination, without costs. Gibson, P. J., Herlihy, Reynolds and Staley, Jr., JJ., concur; Taylor, J., not voting.
Cases cited
- In re Huie 2 N Y 2d 168 at 171 p. 980