← Cases

A. C. Leasing, Inc. v. State

30 A.D.2d 762 Court N.Y. App. Div. Decision date 1968-06-24 Docket Claim No. 45499 English

Contents

Majority

p. 762
A. C. Leasing, Inc., Respondent, v. State of New York, Appellant.
(Claim No. 45499.)

Judgment unanimously modified on the law and facts by reducing the judgment to $308,224 and as modified affirmed, without costs. Memorandum: In computing, the amount of the award the trial court accepted the gross rent of $42,955 without any reduction for expenses such as heat, light and janitorial services. This produced a per square foot valuation of $1.43. The claimant’s proof of annual expense is $11,700. We find that $1.20 per square foot is a more accurate representation of the market value on the date of taking. We further find that the per acre valuation of the unfilled land is $6,000 and that the per acre valuation of the filled land is $9,000. This results in a reduction of $16,500 and as so reduced the judgment is affirmed. (Appeal from judgment of Court of Claims, in action for damages for permanent appropriation.) Present — Bastow, P. J., Goldman, Del Vecchio, Marsh and Henry, JJ.