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SUPREME COURT OF NEW YORK, SPECIAL TERM, NASSAU COUNTY 1968.NY.43174 <>; 294 N.Y.S.2d 911; 58 Misc. 2d 171 October 18, 1968 IN THE MATTER OF THE COUNTY OF NASSAU, RELATIVE TO ACQUIRING TITLE TO REAL PROPERTY FOR THE ALIGNMENT OF MERRICK ROAD IN THE INCORPORATED VILLAGE OF LYNBROOK, TOWN OF HEMPSTEAD Corner, Finn, Cuomo & Charles (John H. Finn of counsel), for claimant. Morris H. Schneider, County Attorney (Seymour Weil of counsel), for Village of Lynbrook. Howard T. Hogan, J. Author: Hogan

Howard T. Hogan, J.

Author: Hogan

 In this proceeding in eminent domain the County of Nassau has vested title on January 5, 1966 to several parcels of land fronting on Merrick Road in the Incorporated Village of Lynbrook for the purposes of realigning Merrick Road. The court has, in a prior decision in this proceeding, commented upon this mercantile area known as the "five corners".

The case at bar concerns several parcels all of which were owned by the Meadowbrook National Bank now National Bank of North America. On the date of vesting, the county has taken not only the front footage located within the new right of way but also excess lands. The entire parcel contains frontage on three streets: Merrick Road on the North, Atlantic Avenue on the West and Washington Avenue on the East.

This property owned by the claimant is composed of several different lots which are improved in varying manners. It is of assistance to outline the several parcels and set forth their square footage and the nature of their improvements:

Total Area in Area

Square Feet Taken Improvements

23-23X 3,728 All 3-story brick commercial bldg.

24-24X 4,383 All 1-story stone bank building.

25-25X 2,997 All 1-story brick and stone bank


26 Inc. Tax Lot 23 11,903 2,979 2-story drive-in banking

structure and paving.

27 Inc. Tax Lot 1 12,249 3,277 Asphalt paving.

In addition, not physically taken but in common ownership:

Tax Lot 325 660 0 Unimproved

20 2,020 0 1-story commercial building

3-story commercial building.

These parcels have been purchased by the bank over a period of years; damage parcel 26 in 1953, parcel 27 in 1957, 25 and 25X in 1959, 23 and 23X in 1964. Tax lot 20 was purchased in December of 1965, one month prior to vesting for $46,000.

The appraiser for the bank envisaged the demolition of all improvements on this site and the erection of a new modern bank building on the entire parcel as it existed prior to the taking. In this regard, he produced a set of blueprints which had been prepared for the bank in 1964 showing such improvements.

With respect to valuation, he submitted a list of 12 comparable sales and relied primarily upon a series of purchases by First National City Bank of assembled parcels of land upon which it constructed a new bank facility in the Incorporated Village of Rockville Centre. He found an indicated value per square foot of $16 for the subject parcel but did not adopt any value for the improvements on the subject parcels as they required demolition in light of his highest and best use.

The appraiser for the petitioner approached the problem by calculating "appraisal" square footage and ascribing a unit value per appraisal square foot. This connotes the consideration of appraisal factors concerning the utility of the subject property. He applied increments to the actual square footage for such benefits as plottage, corner frontage, triple street frontage, key influence and conjunctive use and the Davies rule-of-depth factor. To the resultant total of appraisal square feet, he applied a unit land value of $7.50 per appraisal square foot for commercial usage.

The bank building and auto teller were analyzed on a summation approach while the commercial building on parcel 23 was valued under a capitalization approach. Tax lot 325 was valued as vacant land and tax lot 20, the commercial structure purchased one month prior to vesting, was valued at its actual purchase price, $46,000 both before and after the taking on the theory that its purchase so close to vesting would establish the before value and that the parcel's utility was not impaired by the taking of the contiguous parcels.

The remainder of the entire parcel consists of two tax lots formerly used for parking and containing 17,896 square feet. This remainder was analyzed by petitioner's appraiser at $3.50 after adjusting for the Davies formula and for corner increment, key increment and plottage, to arrive at a total appraisal area of 21,096 square feet. Tax lot 325 was valued at $1,035.

The valuations set forth by the respective appraisers may be summarized as follows:


Before: Land

38,010 sq. ft. at $16 $608,160

Bank building sound value 232,300

Vault 21,930


After: Land

D.P. 26 & 27

17,364 sq. ft. at $6 $104,184

Tax Lots 20 & 325

2,750 sq. ft. at $2.50 6,875


Commercial structure Lot 20 21,730

$132,789 The damage of $629,601 he apportions between direct $576,054 and severance at $132,789.

Petition ...

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