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LEVINE v. STATE

24 A.D.2d 524 (1965)

Claire Levine, Respondent, v. State of New York, Appellant. (Claim No. 39708.)

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

June 7, 1965

Per Curiam.

In this appropriation case involving improved farm property, there was no proof of market value and hence no legal basis for the award. The claimant's expert proceeded, as did the State's, to testify to the market value of the land, as though it were unimproved, to which he added the reproduction costs, less depreciation, of the buildings, treating the sum of these items as the value of the property. (See Matter of Huie [Fletcher],

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