NICOLAY v. STATE


38 A.D.2d 611 (1971)

Franz Nicolay et al., Respondents, v. State of New York, Appellant. (Claim No. 48223.)

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

December 1, 1971


Appellant's position, that the award cannot stand since it was based on respondents' appraisal which is devoid of probative value, is well taken. Respondents' appraiser calculated the value of the residence solely by the cost approach method which was clearly erroneous since the building was not a specialty. Furthermore, his valuation of the land, although allegedly based on comparable sales, was discredited by his own admission that many of the sales used were dissimilar...

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