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THE APPELLATE DIVISION SHOULD GIVE DEFERENCE TO A CONDEMNATION COURT AND BE CORRECT ON THE LAW BEFORE MODIFYING AN AWARD

It is well established that where the trial court’s findings of fact rest in large measure on considerations relating to the credibility of witnesses, deference is owed to the trial court’s credibility determinations.  Gerard v Cahill, 194 AD3d 813, 815 (2d Dept. 2017). In one condemnation case which arose as a result of a taking for the Atlantic Yards project in Brooklyn, the trial court, Justice Wayne Saitta, heard the testimony of many expert witnesses including appraisers, zoning experts, cost estimators, hotel experts, and professional engineers, and determined that a… read more

Posted in Deference to Trial Court, Special Permit, Zoning Change
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