WATERMAN v. WITTEMANN


29 A.D.2d 782 (1968)

Alida L. Waterman, as Executrix of William V. A. Waterman, Deceased, Appellant, v. Harold E. Wittemann, Respondent

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

February 26, 1968


On the rehearing, the court should consider all the evidence which may affect value, including the alleged hiatus in the market at the time of sale. However, under the Heiman v. Bishop (272 N.Y. 83) line of cases, it is obvious that a market value at the time of sale can be ascertained. Furthermore, the value of $45,000 for Lot B is unwarranted on the record. From the testimony, the highest value possible therefor was $40,500.

Christ, J., dissents...

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