City of Rochester v. Iman

Decision Date16 January 1976
Citation51 A.D.2d 651,378 N.Y.S.2d 203
PartiesApplication of the CITY OF ROCHESTER, Appellant-Respondent, v. Raymond S. IMAN and Manuel Iman, Respondents-Appellants.
CourtNew York Supreme Court — Appellate Division

Louis N. Kash, Corp. Counsel, Rochester (Anthony M. Sortino, Rochester, of counsel), for appellant-respondent.

Levy, Feldman & Licata, P.C., David Levy, Rochester, for respondents-appellants.

Before MARSH, P.J., and MOULE, MAHONEY, GOLDMAN and WITMER, JJ.

MEMORANDUM:

The trial court ruled that the appraisal of the subject property made on behalf of the City was inadmissible under our rule 1024.24 (22 NYCRR 1024.24) for failure to contain comparable market data upon which its 9 per cent capitalization rate was based, and so the court completely disregarded that appraisal. This was error. The validity of a capitalization rate depends upon the facts presented in support thereof (Matter of City of New York (Madison House), 17 A.D.2d 317, 324, 234 N.Y.S.2d 799, 806) and expert testimony thereof is competent evidence (Diocese of Buffalo v. State of New York, 18 N.Y.2d 41, 47 and 49, 271 N.Y.S.2d 670, 673 and 675, 218 N.E.2d 544, 546 and 548; CPLR 4515; 1 Orgel on Valuation Under Eminent Domain 2d (1953), § 185; 4 Nichols on Eminent Domain 3d, § 12.312(3)).

Because it rejected the City's appraisal the trial court found that the owners' appraisal was the only valid evidence of value, and it adopted without modification the owners' estimate of their damages. We find, however, that there is a defect in the owners' appraisal in that it lacks evidentiary support for its thesis that the highest and best use of the property is for redevelopment as a part of an assemblage. Although there was evidence that some properties in the vicinity were developed through assemblages, there was no evidence that lands adjoining the subject property were available to form an assemblage with it, and there was insufficient supporting evidence to establish a value. In this respect, therefore, the owners' appraisal rests on speculation (Matter of City of New York Shorefront High School-Rudnick, 25 N.Y.2d 146, 149, 303 N.Y.S.2d 47, 49, 250 N.E.2d 333, 334). We recognize that the pall of condemnation blight hanging over the area may have made it difficult to develop such evidence, but that does not cure the defect in the appraisal.

In the circumstances of this case we do not think that justice can be done by merely adopting the reverse view of the trial...

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8 cases
  • Bd. of Managers of French Oaks Condo. v. Town of Amherst
    • United States
    • New York Supreme Court — Appellate Division
    • February 1, 2013
    ...evidentiary foundation for an opinion, that fact would not cure the defect in petitioner's appraisal ( see Matter of City of Rochester v. Iman, 51 A.D.2d 651, 652, 378 N.Y.S.2d 203). Above all, we see no occasion here to take a plain failure of proof and to extrapolate from it a new, relaxe......
  • In re Auth.
    • United States
    • New York Supreme Court — Appellate Division
    • July 21, 2011
    ...346 [1994]; New York State Urban Dev. Corp. v. Wanger, 58 A.D.2d 955, 956, 397 N.Y.S.2d 440 [1977]; Matter of City of Rochester v. Iman, 51 A.D.2d 651, 652, 378 N.Y.S.2d 203 [1976] ). Whether there was a reasonable probability of an assemblage is a question of fact ( see Rodman v. State of ......
  • Scheur v. State
    • United States
    • New York Supreme Court — Appellate Division
    • November 3, 1978
    ...the conclusion that the other properties were available to form an assemblage with the subject parcels (see Matter of City of Rochester v. Iman, 51 A.D.2d 651, 378 N.Y.S.2d 203). We find the error insignificant, however, because it did not demonstrably affect the ultimate result (see West S......
  • Addis Co. v. Srogi
    • United States
    • New York Supreme Court — Appellate Division
    • December 12, 1980
    ...based on the personal knowledge and expertise of the witness is competent evidence and admissible (Matter of City of Rochester v. Iman, 51 A.D.2d 651, 652, 378 N.Y.S.2d 203). Order and Judgment unanimously affirmed with ...
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