Masten v. State
| Decision Date | 30 March 1961 |
| Citation | 9 N.Y.2d 796,215 N.Y.S.2d 508 |
| Parties | , 175 N.E.2d 166 Seymere L. MASTEN et al., Respondent, v. STATE of New York, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 11 A.D.2d 370, 206 N.Y.S.2d 672.
The Claimants filed a claim to recover the value of 6.26 acres of land appropriated by the State for the New York State Thruway. The 6.26 acres of land were taken from a parcel of 49.234 acres fronting on Route No. 59, a busy cross-county highway. The improvements, consisting of a dwelling, barn, and smaller buildings, were not taken.
The Court of Claims, Alexander Del Giorno, J., rendered a judgment for $62,000, and the State appealed, and the claimants cross-appealed.
The Appellate Division, Gibson, J., affirmed the judgment and held that evidence established reasonable probability that zoning might be changed to permit the use of claimants' highway frontage, which was then restricted to residential use, for commercial purposes, and that such probability became a factor in the determination of value.
The State appealed to the Court of Appeals, contending that it was improper to consider the reasonable probability of change in zoning regulations.
E. & S. L. & E. Greenberg, New York City (Emanuel Greenberg and Erwin Greenberg, New York City, of counsel), for claimants-respondents.
Judgment affirmed, with costs.
All concur.
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