SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
June 24, 1968
A. C. LEASING, INC., RESPONDENT,
STATE OF NEW YORK, APPELLANT
Appeal from judgment of Court of Claims, in action for damages for permanent appropriation.
Bastow, P. J., Goldman, Del Vecchio, Marsh and Henry, JJ.
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 heart, 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.
Judgment unanimously modified on the law and facts by reducing the judgment to $308,224 and as modified affirmed, without costs.
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