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Plummer v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1988
144 A.D.2d 936 (N.Y. App. Div. 1988)

Opinion

November 15, 1988

Appeal from the Court of Claims, NeMoyer, J.

Present — Doerr, J.P., Boomer, Pine, Balio and Davis, JJ.


Judgment unanimously modified on the law and as modified affirmed with costs to claimants, in accordance with the following memorandum: We agree with the court's determination of the value of the property taken before consideration of its tax-exempt status.

We modify the judgment, however, by increasing the award by $4,443, representing the increased value of the land by reason of its tax-exempt status (see, Bach v. State of New York, 144 A.D.2d 936). We arrive at this amount by using the method of calculation used by claimants' appraiser, who supplied the only evidence of the value of the tax exemption. The combined tax rate per thousand of $163.168, multiplied by the equalization rate of 14.72%, multiplied by $11,100, the market value of the property taken, divided by a capitalization rate of 6%, equals $4,443.


Summaries of

Plummer v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1988
144 A.D.2d 936 (N.Y. App. Div. 1988)
Case details for

Plummer v. State

Case Details

Full title:REGINALD B. PLUMMER, as Executor of GENEVIEVE PLUMMER, Deceased, et al.…

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

Date published: Nov 15, 1988

Citations

144 A.D.2d 936 (N.Y. App. Div. 1988)