DocketNumber: Claim No. 51117
Citation Numbers: 39 A.D.2d 821
Filed Date: 5/25/1972
Status: Precedential
Modified Date: 1/12/2022
Judgment unanimously modified, on the law and facts, in accordance with memorandum, and, as so modified, affirmed, with costs to claimant. Memorandum: The appropriation on November 21, 1967 took part of claimant’s property which she had purchased on July 12, 1966 at a cost of $30,018 including improvements and repairs. Evidence of this purchase was relevant, material and competent upon the issue of damages (Court of Claims Act, § 16). Being recent in time and not explained away as abnormal in any fashion it was “the very best evidence because directly reflective of market value ” (Matter of Lane Bryant v. Tax Comm, of City of N. Y., 21 A D 2d 669, 670, affd. 19 N Y 2d 715; see, also, Vasile v. State of New York, 30 A D 2d 1042, affd 24 N Y 2d 969). The evidence shows that property values in the area were stable from 1966 through 1968. Giving consideration to the