MATTER OF BELL v. VILLAGE OF POLAND


281 A.D.2d 878 (2001)

722 N.Y.S.2d 194

In the Matter of WILLIAM P. BELL et al., Respondents, v. VILLAGE OF POLAND, Appellant.

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

Decided March 21, 2001.


Judgment unanimously reversed on the law without costs and new trial granted.

Memorandum:

Respondent, Village of Poland, appeals from a judgment of Supreme Court in this condemnation proceeding that awarded compensation to petitioners, William P. Bell and James P. Bell, in the amount of $38,500. The court rejected the appraisals of both parties, and arrived at its determination of value using what it described as a "hybrid-type" approach. The court, however...

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