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MATTER OF JOHN JAY COLLEGE OF CRIMINAL JUSTICE OF THE CITY UNIVERSITY OF N.Y.

2962, 2962A, 102934/01.

74 A.D.3d 460 (2010)

905 N.Y.S.2d 18

In the Matter of JOHN JAY COLLEGE OF CRIMINAL JUSTICE OF THE CITY UNIVERSITY OF NEW YORK. RIVER CENTER LLC et al., Appellants-Respondents, v. DORMITORY AUTHORITY OF THE STATE OF NEW YORK, Respondent-Appellant.

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

Decided June 3, 2010.

The trial court's findings in this condemnation valuation case are based on a fair interpretation of the evidence and we discern no basis to disturb those findings (see W.T. Grant Co. v Srogi, 52 N.Y.2d 496, 510 [1981]). While fair market value should be based on the highest and best use of the property even though the owner may not have been utilizing it to its fullest potential at the time of the taking (see Matter of Town...

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