Albany Country Club v. State

Decision Date15 July 1963
PartiesALBANY COUNTRY CLUB, Appellant-Respondent, v. The STATE of New York, Respondent-Appellant.
CourtNew York Supreme Court — Appellate Division

DeGraff, Foy, Conway & Holt-Harris, Albany (John T. DeGraff, John E. Holt-Harris, John T. DeGraff, Jr., Albany, of counsel), for appellant-respondent.

Louis J. Lefkowitz, Atty. Gen. (Paxton Blair, Sol. Gen., Julius L. Sackman, Principal Atty., Albany, of counsel), for respondent-appellant.

Before COON, J. P., and GIBSON, HERLIHY, REYNOLDS and TAYLOR, JJ.

PER CURIAM.

This is an appeal by the State and the claimant from an award of $3,079,646.50 by the Court of Claims for the appropriation of claimant's country club property.

The State claims the award is excessive and the claimant seeks to have the award increased. We determine that the award is not excessive but the quantum should be increased.

The Court of Claims found, and the parties agree, that the entire taking comprised 292.5 acres of claimant's land. With certain modifications, set forth hereafter, we adopt the memorandum decision and findings of the Court of Claims.

We find that the Court of Claims properly determined that the Washington Avenue frontage was subject to an imminent change in zoning from residential to commercial and properly allowed a premium for such probability. However, in view of the proximity of the property to the Thruway and Northway interchanges as well as to the adjacent State Campus; in view, also, of the rapid commercial development of Fuller Road with consequent rising values there and elsewhere in the immediate vicinity, as shown by the testimony of the State witness of a value of $584.00 per front foot to property directly across the avenue, and the value of $638.00 per front foot at which the same expert appraised a nearby banking property, and testimony as to recent sales of other nearby commercial property, we determine that the premium allowed did not reflect the true value of the frontage and accordingly increase the per foot frontage from $350.00, as found by the Court of Claims, to $425.00, for a net increase in the award of $172,050.00.

We find that the Court of Claims was correct in regarding the property as specialty property. However, the record establishes that the court should have adopted the replacement value of the golf course, as testified to by claimant's highly qualified expert, Robert Trent Jones, which did not include trees and water supply, and accordingly, the award of the Court of Claims is increased from $292,720.00 to $344,830.00, for a net increase in the award of $52,110.00.

We further find that the court should have placed a higher value on the 170 acres of club purpose land. The property was used as a 'specialty' in the strictest interpretation of the word. There is ample...

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24 cases
  • Penn Central Transp. Co. v. City of New York
    • United States
    • New York Supreme Court — Appellate Division
    • 16 décembre 1975
    ...Club v. State of New York, 37 Misc.2d 134, 144, 235 N.Y.S.2d 684, 694 (Ct. Claims 1962), modified on other grounds, 19 A.D.2d 199, 241 N.Y.S.2d 604 (3rd Dept., 1963), affd., 13 N.Y.2d 1085, 246 N.Y.S.2d 407, 196 N.E.2d 62 (1963)). Further, it has been held that the imputation of rent does n......
  • Trustees of Stigmatine Fathers, Inc. v. Secretary of Administration and Finance
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 14 janvier 1976
    ...N.E.2d 784 (N.Y.1973); Albany County Club v. State, 37 Misc.2d 134, 142, 235 N.Y.S.2d 684 (N.Y.1962), modified on other grounds, 19 A.D.2d 199, 241 N.Y.S.2d 604, modification aff'd 13 N.Y.2d 1083, 246 N.Y.S.2d 407, 196 N.E.2d 62 The appraisal in the present case was required by statute in c......
  • Bruckner Expressway, Borough of Bronx, City of New York, In re
    • United States
    • New York Supreme Court
    • 31 août 1968
    ...215 N.Y.S.2d 508, 175 N.E.2d 166; City of Albany v. State of New York, 16 A.D.2d 163, 226 N.Y.S.2d 554; Albany Country Club v. State of New York, 19 A.D.2d 199, 241 N.Y.S.2d 604, aff'd 13 N.Y.2d 1085, 246 N.Y.S.2d 407, 196 N.E.2d One of the difficulties encountered during the trial was that......
  • Allied Corp. v. Town of Camillus
    • United States
    • New York Court of Appeals Court of Appeals
    • 18 novembre 1992
    ...alone cannot be a specialty, improvements to land can justify a finding that a property is a specialty (Albany Country Club v. State of New York, 19 A.D.2d 199, 201, 241 N.Y.S.2d 604, aff'd, 13 N.Y.2d 1085, 246 N.Y.S.2d 407, 196 N.E.2d 62 [golf course improvements valued by the specialty va......
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