Archive | Highest and Best Use

Appellate Division Refuses to Pierce Corporate Veil in Long Island City Taking

The Appellate Division, Second Department recently reversed an order of the Supreme Court, Queens County (Rios, J.) entered October 16, 2012 which granted the Condemnor’s motion for summary judgment dismissing the claim of Tennisport, Inc. for the taking of its trade fixtures, and additionally directed that an advance payment made to Tennisport be set off against the award for the compensation for the taking of the fee. In reversing, the Appellate Division held that the fee and fixture claims were made by separate and distinct legitimate corporations, and refused to… read more

Posted in Eminent Domain, Highest and Best Use, New York, Offer & Compensation, Trade fixtures
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Games Condemnors Play: When Appraisers Lose Credibility

  In his book, “Expert Witness in the Legal System: A Scientist’s Search for Justice,” Morris S. Zedek wrote that in 2001, the Committee on Criminal Advocacy of the Association of the Bar of the City of New York surveyed judges about the prevalence of perjury in the New York metropolitan area. In regard to expert witnesses, of the thirty judges who responded, 50 percent said they encountered occasional perjury. This is not surprising to a trial lawyer. In condemnation cases, most reputable appraisers do not commit perjury. They may… read more

Posted in Appraisers, Eminent Domain, Highest and Best Use, New York, Recent cases, Trial Preparation
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Appellate Division Affirms Award of $8.1 Million

On August 20, 2014, the New York Appellate Division, Second Department, affirmed an award of $8,100,000 for just compensation to Split Rock Partnership for the taking of Claimant’s real property. The advance payment was $244,800. The decision can be found here. Claimant owned 64 acres of vacant land in the Village of Hillburn, which is located in Rockland County. In February 2005, Rockland County Sewer District No. 1 acquired the subject property by condemnation for the construction of a new sewer processing facility. The Appellate Division held that the measure… read more

Posted in Highest and Best Use, New York, Recent cases, Valuation
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Recent Decision Values Atlantic Yards Property at 9 Million

Recent Decision Values Atlantic Yards Property at 9 Million Goldstein, Rikon, Rikon & Houghton recently received a decision awarding one of its clients $9,186,000, plus interest, for damages resulting from a fee taking which occurred on March 1, 2010 in connection with the Atlantic Yards development project. The property consisted of a 20,738 square foot lot, with frontage on Atlantic Avenue and a rear lot adjoining the Long Island Railroad tracks. The property was zoned M1-1 and was vacant at the time of title vesting. The case was tried by… read more

Posted in Eminent Domain, Highest and Best Use, New York, Recent cases
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Appellate Division Affirms Award in AAA Electricians

The Appellate Division, Second Department recently affirmed the Supreme Court’s award in Village of Haverstraw v. AAA Electricians, Inc. The condemnor appealed the judgment of the Supreme Court, Rockland County, entered May 9, 2012, which awarded the condemnee $6,500,000 as just compensation for the taking of the condemnee’s real property. The background of the case is as follows: The condemnor acquired the 18.9 acres for transfer to the Ginsberg Development Company which in turn constructed the “Harbors of Haverstraw” a townhouse development. The subject parcel was flat and level and enjoyed… read more

Posted in Eminent Domain, Eminent Domain Abuse, Highest and Best Use, New York, Offer & Compensation, Recent cases
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