Appellate Division of the Supreme Court of New York, 1993

Spitz v. State

Spitz v. State
Appellate Division of the Supreme Court of New York · Decided November 19, 1993
198 A.D.2d 774; 605 N.Y.S.2d 996
Spitz v. State

Opinion of the Court

—Judgment unanimously affirmed without costs. Memorandum: The Court of Claims’ factual finding that the highest and best use of the subject properties was for industrial and warehouse purposes is not contrary to the weight of evidence. We perceive no reason to disturb the court’s weighing of expert testimony, especially where, as here, the court’s determination was aided by viewing the properties.

We have reviewed claimants’ remaining contentions and find them to be without merit. (Appeal from Judgment of Court of Claims, NeMoyer, J. — Appropriation.) Present — Den-man, P. J., Callahan, Balio, Boomer and Boehm, JJ.

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