Appellate Division of the Supreme Court of New York, 1939

People ex rel. Borden Co. v. Miller

People ex rel. Borden Co. v. Miller
Appellate Division of the Supreme Court of New York · Decided May 19, 1939
257 A.D. 160; 12 N.Y.S.2d 11; 1939 N.Y. App. Div. LEXIS 7696

Counsel

Harry H. Chambers of counsel [Harry B. Chambers with him on the brief; Chambers & Chambers, attorneys], for the appellant., Spencer Byard of counsel [Arthur A. Segall and Joseph Glebocki with him on the brief; William C. Chanter, Corporation Counsel], for the respondents.

People ex rel. Borden Co. v. Miller

Opinion of the Court

Per Curiam.

The referee and the Special Term gave controlling effect to reproduction cost less depreciation and disregarded many elements which, under the circumstances of the present case, should have been considered in determining the value of the relator’s property. Giving due consideration to all the elements of value, not excluding cost of reproduction, we think the assessment of the building should be reduced to $400,000.

The order, so far as appealed from, should be modified accordingly, and, as so modified, affirmed, with twenty dollars costs and disbursements to the appellant.

Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.

Order, so far as appealed from, unanimously modified by reducing the assessment of the building to $400,000, and, as so modified, affirmed, with twenty dollars costs and disbursements to the appellant. Settle order on notice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.