First Nat. City Trust v. State of N.Y

2 Citing cases

  1. Clark v. State of New York

    20 A.D.2d 182 (N.Y. App. Div. 1964)   Cited 22 times
    In Clark v. State of New York (20 A.D.2d 182, 190, supra) it was held that: "In the light of the foregoing, appropriate findings should be made limiting the easement and granting to the owners of the fee and their successors the right to cross the lands covered by the respective easements for purposes of ingress and egress, including the right to build roads across the property embraced in the easements and to have the perpetual rights to use such roads.

    The only thing left to claimant is the right to pay taxes on the appropriated land and some dubious rights of a temporary nature." ( 33 Misc.2d 134, 137.) It is apparent, as a matter of computation, that the trial court valued the 2,500 acres at $700 an acre to arrive at a before value of $1,750,000. We concur in that finding.

  2. Olin v. State of New York

    41 Misc. 2d 678 (N.Y. Ct. Cl. 1964)   Cited 4 times

    Dillenbeck v. State of New York, 193 Misc. 542, affd. 275 App. Div. 871; Robinson v. State of New York, 3 A.D.2d 326). " The court also considered and agreed with the dicta in the decision of Clark v. State of New York ( 35 Misc.2d 577 [Court of Claims, 1962]), wherein Judge HELLER, in refusing to vacate decisions in the cases of Clark v. State of New York ( 33 Misc.2d 129 [Court of Claims, 1962]; First Nat. City Trust Co. v. State of New York, 33 Misc.2d 134 [Court of Claims, 1962]) and Thom v. State of New York ( 33 Misc.2d 402 [Court of Claims, 1962]), stated at page 579 that: "The State at any time during the trial could have submitted a limitation on the easement. It is believed that this would be in line with the reasoning as set forth in Nichols 1, Eminent Domain (vol. 3, ยง 8.2, pp. 12-13)".