GUTHMULLER v. STATE


23 A.D.2d 597 (1965)

Richard E. Guthmuller et al., Respondents, v. State of New York, Appellant. (Claim No. 41961.)

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

February 17, 1965


GIBSON, P. J.

An essential finding was "that the fair and reasonable market value of claimants' land and buildings prior to the appropriation is $22,000"; but the evidence necessarily relied upon in arriving at that amount was adduced from claimants' expert who testified as to the market value of the land but evaluated the buildings solely on the basis of reproduction cost, less depreciation. The property was not unique; it was not a specialty; and no...

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