Majority
p. 897Ralph Van Kleeck et al., Appellants-Respondents, v. State of New York, Respondent-Appellant. (Claim No. 39285.) Argued October 18, 1966; decided November 29, 1966.
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Guido J. Napoleiano and William J. Ryan for appellants-respondents.
Louds J. Lefkowitz, Attorney-General (Julius L. Sackman and Ruth Kessler Toch of counsel), for respondent-appellant..
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Memorandum. The order appealed from should be modified (see Cornell v. T. V. Development Corp., 17 N Y 2d 69 , 73). Since the property was valued on a commercial basis, no value should have been assigned to the buildings on the property, which were inconsistent with that use (Matter of Erlanger, 237 N. Y. 159 , 164; Spano v. State of New York, 22 A D 2d 757 ). Accordingly, the order of the Appellate Division is modified to the extent of striking therefrom so much as awards $15,000 for the buildings and, as modified, the order is affirmed, with costs.
Chief Judge Desmond and Judges Fuld, Yan Voorhis, Burke, Soileppi, Bergan and Keating concur.
Order modified in accordance with the memorandum herein and, as so modified, affirmed, with costs.
Cases cited
- Cornell v. T. V. Development Corp. 17 N Y 2d 69 at 73 p. 899
- In re Erlanger 237 N. Y. 159 at 164 p. 899