Summary
In Godfried v. State of New York (18 N.Y.2d 896, affg. 22 A.D.2d 973) the Court of Appeals affirmed a modification of an award based on the use by the Appellate Division of the only sale in the record of comparable size and availability — a shopping center site — even though the sale was of land in the City of Kingston and the condemned land was located one-half mile west of the outer limits of the city, the court holding there was no valid reason for disturbing the trial court's determination.
Summary of this case from Mtr. of City of N.YOpinion
Argued October 18, 1966
Decided November 29, 1966
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, PAUL C. REUSS, J.
N. Le Van Haver and John E. Egan for appellant.
Louis J. Lefkowitz, Attorney-General ( Julius L. Sackman and Ruth Kessler Toch of counsel), for respondent.
Order affirmed, with costs, upon the ground that the evidence considered by the Appellate Division was properly before that court, since no objection was made in the Court of Claims (cf. Court of Claims Act, § 16, subd. 1). No opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.