Van Kleeck v. State
| Decision Date | 29 November 1966 |
| Docket Number | No. 39285,39285 |
| Citation | 18 N.Y.2d 897,276 N.Y.S.2d 633,223 N.E.2d 41 |
| Parties | , 223 N.E.2d 41 Ralph VAN KLEECK et al., Appellants-Respondents, v. STATE of New York, Respondent-Appellant. Claim |
| Court | New York Court of Appeals Court of Appeals |
Guido J. Napoletano and William J. Ryan, Kingston, for appellants-respondents.
Louis J. Lefkowitz, Atty. Gen. (Julius L. Sackman and Ruth Kessler Toch, Albany, of counsel), for respondent-appellant.
The order appealed from should be modified (see Cornell v. T.V. Development Corp., 17 N.Y.2d 69, 73, 268 N.Y.S.2d 29, 32, 215 N.E.2d 349, 351). Since the property was valued on a commercial basis, no value should have been assigned to the buildings on the property, which were inconsistent with that use (Matter of Erlanger, 237 N.Y. 159, 164, 142 N.E. 571, 573; Spano v. State of New York, 22 A.D.2d 757, 253 N.Y.S.2d 730). Accordingly, the order of the Appellate Division is modified to the extent of striking therefrom so much as awards $15,000 for the buildings and, as modified, the order is affirmed, with costs.
Order modified in accordance with the memorandum herein and, as so modified, affirmed, with costs.
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Town of Hempstead (Point Lookout in Vicinity of Sea Spray Drive East), Matter of, 1
...best use of condemned property, and which consequently must be destroyed, is not compensable (see Van Kleeck v. State of New York, 18 N.Y.2d 897, 276 N.Y.S.2d 633, 223 N.E.2d 41; Matter of County of Nassau (Colony Beach Club of Lido), 43 A.D.2d 45, 349 N.Y.S.2d 422, affd. 39 N.Y.2d 958, 396......
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Town of Hempstead, Matter of, 1
...best use of condemned property, and which consequently must be destroyed, is not compensable (see Van Kleeck v. State of New York, 18 N.Y.2d 897 [276 N.Y.S.2d 633, 223 N.E.2d 41]; Matter of County of Nassau [Colony Beach Club of Lido], 43 A.D.2d 45 , affd. 39 N.Y.2d 958 [386 N.Y.S.2d 886, 3......
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Acme Theatres, Inc. v. State
...buildings that must be destroyed to achieve the use contemplated in the award of damages for the land. (Van Kleeck v. State of New York, 18 N.Y.2d 897, 276 N.Y.S.2d 633, 223 N.E.2d 41; Matter of Erlanger, 237 N.Y. 159, 164, 142 N.E. 571, 573; Spano v. State of New York, 22 A.D.2d 757, 253 N......
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Zeitlin v. State
...should be reversed (Acme Theatres v. State of New York, 26 N.Y.2d 385, 310 N.Y.S.2d 496, 258 N.E.2d 912; VanKleeck v. State of New York, 18 N.Y.2d 897, 276 N.Y.S.2d 633, 223 N.E.2d 41). The court awarded $7,625, or 5% Of the total before value of the property, for what were characterized as......