Posted by: Patricia Salkin | June 20, 2014

NY Appellate Court Upholds Condemnation Award Rejecting Owner’s Appeal

The Fourth Department affirmed the Court of Claims granting of $43,314, plus interest in damages to Tehan’s Catalog Showroom (“Tehan”) for the condemnation of sections of its two neighboring properties. However, the Fourth Department rejected Tehan’s motion to keep out the States appraisal from evidence. The record set forth that the State valued the parcels separately and allotted the highest and best use to each of them. Further, the Fourth Department denied Tehan’s request that one of the parcels be labeled retail for zoning purposes. Tehan did not provide for the required parking spaces for its contention and at trial provided no evidence to support its position.

Tehan’s Catalog Showrooms, Inc. v State, 2014 WL 2782358 (NYAD 4 Dept. 6/20/2014)

The opinion can be accessed at: http://law.justia.com/cases/new-york/appellate-division-fourth-department/2014/760-ca-13-02096.html


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