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Front Drive-In Theatre, Inc. v. State

Appellate Division of the Supreme Court of New York, Third Department
May 22, 1967
28 A.D.2d 604 (N.Y. App. Div. 1967)

Opinion

May 22, 1967


Appeal and cross appeal from a judgment of the Court of Claims, awarding claimant $340,835 for the appropriation by the State for highway purposes of certain property located on Routes 11 and 12, approximately 2.7 miles from the City of Binghamton. Involved is a 23.083 acre parcel, 10.613 acres of which were utilized as a drive-in theatre and restaurant complex, from which the State appropriated approximately 13.233 acres, including 5.616 utilized for the drive-in theatre and restaurant complex. The State's primary objection is to the Court of Claims' valuation of the land utilized for the theatre and restaurant complex at $25,000 per acre, which value it is asserted is erroneously based upon an evaluation of the property by claimant's expert premised upon the rental paid by the claimant to the State for a portion of the complex taken during the pendency of the highway construction. We cannot agree with this conclusion as to the basis of the Court of Claims' decision. The Court of Claims in its decision does no more than note the existence of the disputed lease and would rather appear to have laid more stress on the net leases in existence prior to the appropriation, the economic rental values of which as testified to by both the claimant's and the State's experts would when utilized as the basis for capitalization yield a valuation which would clearly support the court's $25,000 per acre figure. Similarly, we find no merit in the other contentions raised by the State or in those raised by the claimant in its cross appeal and, accordingly, the judgment should be affirmed. Judgment affirmed, with costs. Gibson, P.J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Reynolds, J.


Summaries of

Front Drive-In Theatre, Inc. v. State

Appellate Division of the Supreme Court of New York, Third Department
May 22, 1967
28 A.D.2d 604 (N.Y. App. Div. 1967)
Case details for

Front Drive-In Theatre, Inc. v. State

Case Details

Full title:FRONT DRIVE-IN THEATRE, INC., Respondent-Appellant, v. STATE OF NEW YORK…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 22, 1967

Citations

28 A.D.2d 604 (N.Y. App. Div. 1967)