Masten v. State

Decision Date30 March 1961
Citation9 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.
CourtNew 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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57 cases
  • Public School No. 223, City of New York, In re
    • United States
    • New York Supreme Court — Appellate Division
    • September 28, 1979
    ...to the reasonable probability of the zoning change (Masten v. State of New York, 11 A.D.2d 370, 206 N.Y.S.2d 672, affd. 9 N.Y.2d 796, 215 N.Y.S.2d 508, 175 N.E.2d 166; see Matter of Inc. Vil. of Garden City (Goodgold-Fowler ), 9 Misc.2d 693, 167 N.Y.S.2d 166, affd. 4 A.D.2d 783, 165 N.Y.S.2......
  • Cnty. of Orange v. Monroe Bakertown Rd. Realty, Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • July 15, 2015
    ...have an actual effect on an existing market’ ” (Masten v. State of New York, 11 A.D.2d 370, 372, 206 N.Y.S.2d 672, affd. 9 N.Y.2d 796, 215 N.Y.S.2d 508, 175 N.E.2d 166, quoting Valley Stream Lawns v. State of New York, 9 A.D.2d 149, 152, 192 N.Y.S.2d 805 ). Here, the uncertainty over water ......
  • Lerner v. Town of Islip
    • United States
    • U.S. District Court — Eastern District of New York
    • August 10, 1967
    ... ... this Court: (1) would perform a legislative act in granting a remedy, and (2) should abstain and leave the plaintiff to seek her remedy in a state court. Neither contention is valid ...         I. LEGISLATIVE CAPACITY ...         Paragraph 3 of plaintiff's prayer for relief can ... But cf. Masten v. State, 11 A.D.2d 370, 206 N.Y.S.2d 672 (3d Dep't 1960), aff'd, 9 N.Y.2d 796, 215 N.Y.S.2d 508, 175 N.E.2d 166 (1961), (reasonable probability of ... ...
  • Bruckner Expressway, Borough of Bronx, City of New York, In re
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    • New York Supreme Court
    • August 31, 1968
    ...v. State of New York, 9 A.D.2d 149, 192 N.Y.S.2d 805; Masten v. State of New York, 11 A.D.2d 370, 206 N.Y.S.2d 672, aff'd 9 N.Y.2d 796, 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......
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