TREMARCO CORP. v. STATE


30 A.D.2d 1019 (1968)

Tremarco Corp. et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 46583.)

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

October 30, 1968


REYNOLDS, J.

The improvement values testified to by the claimants' expert being based on the erroneous use of reproduction cost less depreciation could not, standing alone, properly be considered by the trial court. Accordingly, since the court's before value of the improvement exceeds the testimony by the State's expert, it is clearly outside the range and must be supported by other evidence (Matter of City of New York [A. & W. Realty Corp.]<...

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