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BROADWAY ASSOCIATES v. STATE

18 A.D.3d 687 (2005)

795 N.Y.S.2d 735

BROADWAY ASSOCIATES, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 103220.)

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

May 23, 2005.

The Court of Claims properly rejected the claimant's contention that the highest and best use of the property was for a high-density multi-family residential development. The determination of highest and best use must be based upon evidence of a use which could or would be made of the property in the near future (see Matter of City of New York [Broadway Cary Corp.], 34 N.Y.2d 535, 536 [1974]; Matter of City of New York [Rudnick...

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