Van Kleeck v. State
New York Court of Appeals
Van Kleeck v. State, 18 N.Y.2d 897 (N.Y. 1966)
276 N.Y.S.2d 633; 223 N.E.2d 41; 1966 N.Y. LEXIS 970
Desmond, Fuld, Voorhis, Burke, Soileppi, Bergan, Keating
Van Kleeck v. State
Opinion
*899 Memorandum. The order appealed from should be modified (see Cornell v. T. V. Development Corp., 17 N Y 2d 69, 73). Since the property was valued on a commercial basis, no value should have been assigned to the buildings on the property, which were inconsistent with that use (Matter of Erlanger, 237 N. Y. 159, 164; Spano v. State of New York, 22 A D 2d 757). Accordingly, the order of the Appellate Division is modified to the extent of striking therefrom so much as awards $15,000 for the buildings and, as modified, the order is affirmed, with costs.
Order modified in accordance with the memorandum herein and, as so modified, affirmed, with costs.
Reference
- Full Case Name
- Ralph Van Kleeck Et Al., Appellants-Respondents, v. State of New York, Respondent-Appellant
- Cited By
- 8 cases
- Status
- Published