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WILLIAM W. GERBER v. STATE NEW YORK (10/31/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT


October 31, 1968

WILLIAM W. GERBER, JR., ET AL., RESPONDENTS,
v.
STATE OF NEW YORK, APPELLANT

Appeal from judgment of Court of Claims awarding damages for permanent appropriation.

Bastow, P. J., Williams, Goldman, Del Vecchio and Marsh, JJ.

Memorandum: The State appeals from a judgment of the Court of Claims which awarded claimants the sum of $29,815, for the appropriation of their property on East Washington Street, Syracuse, New York. The court found the value of the land appropriated to be $15,570, the improvements $11,000, and consequential damages to the portion of the property not taken $3,245. Giving consideration to comparable sales in the area testified to by claimants' appraiser and State's land sale No. 4 a parcel adjacent to the subject property as well as the substantially increasing real estate values in this central area of the City of Syracuse during the period of the taking, a valuation of $4.50 a square foot or a total land value of $15,570 as awarded by the judgment was not excessive and in view of the limited use to which the remaining small triangle of land might be put consequential damages of $3,245 would likewise appear to be proper. The value of $11,000 placed on the building on the premises would appear to be excessive in view of the dilapidated condition of the structure. According the building a 10-year remaining life, accepting the rental income as it was prior to the building's being vacated by its tenants and deducting the cost of putting the building in a rentable condition would result in a fair and reasonable value of $3,500. The total award should be reduced to $22,315.

Disposition

Judgment unanimously modified on the law and facts in accordance with the memorandum herein, and as so modified affirmed, without costs.

19681031

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