BENSLE v. STATE


24 A.D.2d 1052 (1965)

Audrey N. Bensle, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 40050.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 23, 1965


Per Curiam.

The judgment must be reversed because of legal error and, also, as contrary to the weight of the evidence. The award, being greatly in excess of the State's expert's valuations necessarily rested in substantial part on the opinion evidence of claimant's expert. Although the oral decision announced by the trial court was couched in terms of "reasonable market value", it is clear from the amended decision that the court adopted the claimant's method...

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