Hammer v. State

Full title: ISADORE I. HAMMER, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No…

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

Date published: Jan 19, 1967

27 A.D.2d 696 (N.Y. App. Div. 1967)

Opinion

January 19, 1967

Appeal from the Court of Claims.

Present — Williams, P.J., Bastow, Goldman, Henry and Marsh, JJ.

Judgment affirmed, without costs.

All concur, except Goldman and Marsh, JJ., who dissent and vote to modify the judgment by increasing the award to $17,150, in the following memorandum:

The trial court found that "the highest and best use * * * was for residential use with potential value for commercial purposes". Notwithstanding this finding, the court adopted the land valuation testified to by the State's witness who based his valuation on his opinion that the highest and best use was residential only. The record amply demonstrates that the neighborhood is rapidly losing its residential character and soon will be predominantly commercial. The testimony of claimant's expert and the comparable sales offered by claimant amply support a $1.50 per square foot valuation for the commercial potential of the property. We would, therefore, increase the land valuation to $9,830, making a total award of $17,150.