Matter of City of New York

Full title: In the Matter of the CITY OF NEW YORK, Appellant, Relative to Acquiring…

Court: Court of Appeals of the State of New York

Date published: Feb 9, 1982

55 N.Y.2d 885 (N.Y. 1982)

449 N.Y.S.2d 18

433 N.E.2d 1266

Opinion

Argued January 11, 1982

Decided February 9, 1982

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEO BROWN, J.

Frederick A.O. Schwarz, Jr., Corporation Counsel ( Peter A. Mound and Morris Einhorn of counsel), for appellant.

Michael J. Greco and Ignatius John Melito for William A. Gull, respondent.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to that court for a review of the facts. The Appellate Division increased the plottage increment from 5% to 10% as a matter of law. This was error.

In determining an award to an owner of condemned property, the findings must either be within the range of the expert testimony or be supported by other evidence and adequately explained by the court ( Matter of City of New York [ A. W. Realty Corp.], 1 N.Y.2d 428, 432-433; Milsap v State of New York, 32 A.D.2d 586).

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge JASEN taking no part.

Order reversed, with costs, and matter remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein.