MARKS v. STATE


152 A.D.2d 930 (1989)

Jerome M. Marks et al., Respondents, v. State of New York, Appellant. (Appeal No. 1.)

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

July 12, 1989


Judgment unanimously modified on the law and facts and as modified affirmed without costs, in accordance with the following memorandum:

The trial court erred in adopting the method used by claimants' appraiser to value the subject properties for their potential commercial highest and best use. It is well settled that property is to be valued as it exists on the date of taking and that an increment is to be added to reflect the potential use (Matter of County of...

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