Day v. State
Opinion of the Court
Judgment unanimously modified, on the law and facts, in accordance with memorandum, and, as so modified, affirmed, with costs to claimant. Memorandum: The appropriation on November 21, 1967 took part of claimant’s property which she had purchased on July 12, 1966 at a cost of $30,018 including improvements and repairs. Evidence of this purchase was relevant, material and competent upon the issue of damages (Court of Claims Act, § 16). Being recent in time and not explained away as abnormal in any fashion it was “the very best evidence because directly reflective of market value ” (Matter of Lane Bryant v. Tax Comm, of City of N. Y., 21 A D 2d 669, 670, affd. 19 N Y 2d 715; see, also, Vasile v. State of New York, 30 A D 2d 1042, affd 24 N Y 2d 969). The evidence shows that property values in the area were stable from 1966 through 1968. Giving consideration to the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.