Appellate Division of the Supreme Court of New York, 1934

Board of Hudson River Regulating District v. John A. Willard Realty & Lumber Co.

Board of Hudson River Regulating District v. John A. Willard Realty & Lumber Co.
Appellate Division of the Supreme Court of New York · Decided May 15, 1934
241 A.D. 896; 271 N.Y.S. 938
Board of Hudson River Regulating District v. John A. Willard Realty & Lumber Co.

Opinion of the Court

Order reversed, on the law and facts, and award of the Commission reinstated, with costs to the appellant, including an additional allowance of five per cent, on the ground that no improper rule as to value was adopted by the Commissioners; the evidence supports and justifies the amount of the award, which is, therefore, not excessive. In such case the court is not to substitute its judgment for that of the Commissioners. Rhodes, Crapser and Heffeman, JJ., concur; Hill, P. J., and Bliss, J., dissent and vote to affirm.

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