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McCarty v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 344 (N.Y. App. Div. 1985)

Opinion

November 15, 1985

Appeal from the Court of Claims, Hanifin, J.

Present — Doerr, J.P., Boomer, O'Donnell, Pine and Schnepp, JJ.


Judgment unanimously affirmed, without costs. Memorandum: Although there is no range of testimony to support the court's determination as to the value of the building, the court fully set forth its reasoning in arriving at its value and the determination is supported by other evidence in the record (see, Zittel v State of New York, 65 A.D.2d 926; Novack v State of New York, 61 A.D.2d 288, 289).

We reject claimant's argument that the award should be vacated because the court stated that the highest and best use was a "sale to Corning [Glass]." In making this statement, the court impliedly considered that the highest and best use was an industrial use such as Corning might make.

We find no merit to claimant's argument that the State is not entitled to recover judgment against the claimant for the difference between the advance payment and the court's award.


Summaries of

McCarty v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 344 (N.Y. App. Div. 1985)
Case details for

McCarty v. State

Case Details

Full title:JUNE E. McCARTY, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No…

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

Date published: Nov 15, 1985

Citations

115 A.D.2d 344 (N.Y. App. Div. 1985)