Appellate Division of the Supreme Court of New York, 1966

In re Ford

In re Ford
Appellate Division of the Supreme Court of New York · Decided November 21, 1966
26 A.D.2d 980; 274 N.Y.S.2d 688; 1966 N.Y. App. Div. LEXIS 3072
In re Ford

Opinion of the Court

Memorandum by the Court. The awards rest solely on proof of reproduction cost less depreciation, without any indication that either property was unique or a specialty (Guthmuller v. State of New York, 23 A D 2d 597). Determinations thus bottomed on erroneous principles of law must, of course, be rejected (Matter of Huie [Fletcher], 2 N Y 2d 168, 171). Orders reversed, on the law and the facts, and cases remanded to Special Term for remittal to a new commission for rehearing and determination, without costs. Gibson, P. J., Herlihy, Reynolds and Staley, Jr., JJ., concur; Taylor, J., not voting.

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