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MATTER OF CITY OF NEWBURGH v. KIRCHNER

234 A.D.2d 364 (1996)

651 N.Y.S.2d 100

In the Matter of City of Newburgh, Appellant-Respondent, v. Karl F. Kirchner, Respondent-Appellant

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

December 9, 1996

Ordered that the appeal and cross appeal from the order are dismissed as abandoned, without costs or disbursements; and it is further,

Ordered that the judgment is affirmed, without costs or disbursements.

In a condemnation case, the measure of damages is "the fair market value of the condemned property in its highest and best use on the date of the taking" (Matter of City of New York [Franklin Record Ctr.]

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