(Download) "Yonkers Urban Renewal Agency v. 44 Prospect Street" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Yonkers Urban Renewal Agency v. 44 Prospect Street
- Author : Supreme Court of New York
- Release Date : January 22, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
[49 A.D.2d 752 Page 752] In a condemnation proceeding, the condemnor appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, dated October 25, 1974, which, inter alia, granted the claimant's motion to confirm a report of commissioners of appraisal. Order and judgment modified, on the law and the facts, by striking therefrom the first, second, third, sixth and seventh decretal paragraphs and by substituting therefor a provision setting aside the report of the commissioners. As so modified, order and judgment affirmed, without costs, and proceeding remitted to Special Term for the appointment of new commissioners and for a rehearing before them to appraise the property de novo (see Condemnation Law, çç 15, 21). This is a proceeding to condemn, for purposes of razing and urban renewal, a garage and two attached three-story loft buildings (all of which were income producing) in a blighted area in Yonkers. Commissioners of appraisal were appointed and held hearings at which experts for both sides testified, using, inter alia, the economic or capitalization of net income approach in determining the value of the property. The claimant's expert appraised the property at $129,000, and the condemnor's expert appraised it at $76,000. The commissioners filed a report dated August 1, 1974 in which [49 A.D.2d 752 Page 753]