Citation Numbers: 193 A.D.2d 603, 597 N.Y.S.2d 429, 1993 N.Y. App. Div. LEXIS 4551
Filed Date: 5/3/1993
Status: Precedential
Modified Date: 10/31/2024
In a condemnation proceeding, the claimant appeals, on the ground of inadequacy, from a judgment of the Supreme Court, Kings County (Leone, J.), dated November 21, 1990, which, after a nonjury trial, is in favor of the claimant in the principal sum of $79,337.43.
Ordered that the judgment is affirmed, with costs.
The trial court properly rejected the method of valuation used by the claimant’s appraiser. It is improper to value property based on the capitalization of a nonexistent stream of income from a projected future improvement when the direct sales comparison method is available (see, Matter of City of New York [Atlantic Improvement Corp.], 28 NY2d 465, 470-471; Arlen of Nanuet v State of New York, 26 NY2d 346, 352-