Opinion
Submitted June 16, 2000.
September 18, 2000.
In a claim to recover damages for the appropriation of real property, the claimant appeals, on the ground of inadequacy, from a judgment of the Court of Claims (Patti, J.), dated July 23, 1999, which, after a nonjury trial, is in its favor and against the State of New York in the sum of $335,441.09.
McGovern, Connelly Davidson, New Rochelle, N.Y. (Frank H. Connelly, Jr., and John A. Vasile of counsel), for appellant.
Eliot Spitzer, Attorney-General , New York, N.Y. (Peter H. Schiff and Robert M. Goldfarb of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ .
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The trial court's determination of the value of the condemned parcel was within the range of the expert testimony (see, D'Angelo v. State of New York, 253 A.D.2d 733). Thus, it was supported by the record. The trial court properly rejected the valuation of the claimant's expert based upon a site allocation adjustment (see, Acme Theatres v. State of New York, 26 N.Y.2d 385).