DYNAMIC DELIVERY CORP. v. STATE OF NEW YORK


290 A.D.2d 227 (2002)

735 N.Y.S.2d 755

DYNAMIC DELIVERY CORP., Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 95500.)

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

Decided January 3, 2002.


We reject claimant's argument that since the highest and best use of the vacant property is for a surface parking lot, it must be valued on the basis of dollars per square foot of land, and that to value the property, as the Court of Claims did, on the basis of dollars per square foot of floor area that can be developed under the property's floor area ratio (FAR) is to impermissibly predicate a highest and best use other than parking. As the Court of Claims explained (

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