New York Court of Appeals, 1972

Abdella v. Scribner

New York Court of Appeals · Decided December 29, 1972 · Breitel

31 N.Y.2d 940; 293 N.E.2d 96; 340 N.Y.S.2d 928; 1972 N.Y. LEXIS 899

Cases that cite this one

3 later published cases cite this decision.

Matter of Won Yi v. New York State Bd. of Professional Med. Conduct (N.Y. 2025)
Scordus v. Route Brokers, Inc. (Appellate Division of the Supreme Court of New York 2002)
Texaco, Inc. v. Pennzoil, Co. (Tex. App. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*942Order affirmed without costs. Although error was committed when the trial court accepted the city expert’s method of valuation based in part on the capitalization of income from hypothetical buildings, it was harmless error as the other evidence 4n the record amply supports the determination in the courts below.

Concur: Chief Judge Fuld and Judges Burke, Scileppi,, Bergan, Jasen and Gibson. Judge Breitel dissents and votes to reverse in the following opinion.

Dissenting Opinion

Breitel, J.

(dissenting). I dissent and vote, to reverse and remand for a new hearing on the ground that an examination of the entire record demonstrates that the city’s expert relied exclusively on a hypothetical assumption as to nonexistent and nonprotected buildings. The déficiency is not supplied by the reference to other rental values which were used only as an adjunct to the computation of impermissible, hypothetical structures (see Arlen of Nanuet v. State of New York, 26 N Y 2d 346, 353-354, 356, 358; People ex rel. Parklin Operating Corp. v. Miller, 287 N. Y. 126,130-131; Levitin v. State of New York, 12 A D 2d 6, 8). Moreover, the record does not contain proof pf comparable sales to support the Referee’s findings.

Order affirmed, etc.

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