KINGSBURY v. STATE


27 A.D.2d 893 (1967)

Andrew E. Kingsbury, Respondent, v. State of New York, Appellant. (Claim No. 40930.)

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

March 15, 1967


GABRIELLI, J.

In arriving at the damages sustained in the taking of certain of claimant's buildings, it appears that the court relied upon reproduction cost less depreciation. There was no basis in law and fact for the application of this theory of damages. These improvements were not shown to be unique or a specialty and the evaluation by this method was, therefore, in error (Guthmuller v. State of New York, 23 A.D.2d 597

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