Albany Country Club v. State

Decision Date30 December 1963
Citation13 N.Y.2d 1085,246 N.Y.S.2d 407
Parties, 196 N.E.2d 62 ALBANY COUNTRY CLUB, Respondent-Appellant, v. The STATE of New York, Appellant-Respondent.
CourtNew York Court of Appeals Court of Appeals

Appeal from Supreme Court, Appellate Division, Third Department, 19 A.D.2d 199, 241 N.Y.S.2d 604.

The State condemned 292.5 acres of approximately 301 acres of country club. The Court of Claims, Paul C. Reuss, J., 37 Misc.2d 134, 235 N.Y.S.2d 684, entered judgment for the claimant for $3,079,646.50, and both the State and the claimant appealed.

The Appellate Division, 19 A.D.2d 199, 241 N.Y.S.2d 604, modified and affirmed the judgment and held that the country club was specialty property, and that award for the taking should have been based on replacement value of the golf course, and that the award was inadequate and should be increased to $3,602,806.50.

Both parties appealed to the Court of Appeals.

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

Judgment affirmed, without costs.

All concur.

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23 cases
  • Penn Central Transp. Co. v. City of New York
    • United States
    • New York Supreme Court — Appellate Division
    • 16 Diciembre 1975
    ...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 not create income from property as the term is defined by the ......
  • Trustees of Stigmatine Fathers, Inc. v. Secretary of Administration and Finance
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 14 Enero 1976
    ... ...         In 1971 the Board of Trustees of State Colleges (Board) agreed to purchase the plaintiff's land and buildings for ... v. State, 43 A.D.2d 775, 776, 350 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), ... ...
  • Bruckner Expressway, Borough of Bronx, City of New York, In re
    • United States
    • New York Supreme Court
    • 31 Agosto 1968
    ...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 62. One of the difficulties encountered during the trial was that, while the City's appraiser admitted the likelihood of a zon......
  • Allied Corp. v. Town of Camillus
    • United States
    • New York Court of Appeals Court of Appeals
    • 18 Noviembre 1992
    ...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 valuation ...
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