Opinion
July 13, 1970
In a condemnation proceeding, the condemnor appeals from an order of the Supreme Court, Dutchess County, dated August 11, 1967 and entered in Orange County, which confirmed the Sixth Separate Report of the Commissioners of Appraisal relating to the property of respondents and directed payment of awards to respondents in stated amounts. Order modified, on the law and the facts, by reducing the awards as follows: the award to respondent Ferguson is reduced from $5,000 to $3,000; the award to respondents Frank and Martina Bauer is reduced from $13,000 to $7,000; and the award to respondents Harry and Clifford Space is reduced from $15,000 to $8,000. As so modified, order affirmed, without costs. We are of the opinion that the awards were excessive to the extent indicated herein. Martuscello, Acting P.J., Latham, Kleinfeld, Brennan and Benjamin, JJ., concur.