DAVERN v. STATE


33 A.D.2d 648 (1969)

Elizabeth S. Davern, Respondent, v. State of New York, Appellant Norbert F. Abend, as Executor and Trustee of Justus F. O'Hara, Respondent, v. State of New York, Appellant. (Claim No. 48366.)

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

October 30, 1969


Judgment unanimously affirmed, with costs.

Memorandum:

Trial court found a land value of $45,000 (which is not questioned on this appeal) and a value of $41,000 for the improvements thereon. The amount allowed for improvements is justified by evidence of appraisals based on the economic approach to value but trial court failed to make findings of the rental value of the building and of the factors upon which the building value could be properly based. There...

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