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Vitale v. Friedman

Appellate Division of the Supreme Court of New York, First Department
Dec 2, 1997
245 A.D.2d 14 (N.Y. App. Div. 1997)

Opinion

December 2, 1997

Appeal from the Supreme Court, New York County (Carol Huff, J.).


Appraisers have broad discretion as to their methods and sources of information ( Perlbinder v. Jakubovitz, 239 A.D.2d 294), and may determine "which of the myriad factors are relevant to a particular valuation and how such factors impact the valuation of the parcel of land * * * without interference or direction from the court", absent an agreement expressly identifying such factors ( New York Overnight Partners v. Gordon, 88 N.Y.2d 716, 721 [citation omitted]). Defendants have failed to demonstrate that the methods and factors considered by the appraisers in this case fell outside the parameters of the appraisal as defined by the lease, and their disagreement with respect to the factors and various methods employed does not provide a basis for judicial review ( see, Rice v. Ritz Assocs., 88 A.D.2d 513, affd 58 N.Y.2d 923; 201-203 Lexington Ave. Corp. v. 205/215 Lexington Ltd. Partnership, 224 A.D.2d 183, lv denied 88 N.Y.2d 813). There is also no merit to defendants' contention that the written determination of the appraisers was insufficiently detailed ( see, Perlbinder v. Jakubovitz, supra).

Concur — Rosenberger, J. P., Ellerin, Nardelli, Williams and Andrias, JJ.


Summaries of

Vitale v. Friedman

Appellate Division of the Supreme Court of New York, First Department
Dec 2, 1997
245 A.D.2d 14 (N.Y. App. Div. 1997)
Case details for

Vitale v. Friedman

Case Details

Full title:FRANK VITALE et al., Respondents v. JACK FRIEDMAN et al., Appellants, et…

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

Date published: Dec 2, 1997

Citations

245 A.D.2d 14 (N.Y. App. Div. 1997)
666 N.Y.S.2d 403

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