From Casetext: Smarter Legal Research

Lord v. State of New York

Court of Appeals of the State of New York
Oct 18, 1979
397 N.E.2d 1173 (N.Y. 1979)

Opinion

Argued September 13, 1979

Decided October 18, 1979

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DANIEL BECKER, J.

Bernard Gartlir, Marvin M. Shapiro and David L. Birch for appellant.

Robert Abrams, Attorney-General (J. Lawson Brown, Shirley Adelson Siegel and Jeremiah Jochnowitz of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We reject appellant's contention that the Court of Claims' explanation of the rationale for its determination of valuation was so insufficient as to constitute error of law. While a more detailed description of the manner in which a court reaches its determination is preferred, we cannot say that it was error as a matter of law for the majority at the Appellate Division to conclude that the Court of Claims decision considered in relation to the record was adequate for the purpose of its appellate review involving, as it did, consideration of largely factual determinations. We note, however, that we continue to subscribe to the rule that in an appropriation case or a condemnation proceeding the trial court should make its factual findings and underlying mathematical calculations as explicit as possible (cf. Matter of County of Suffolk v Firester, 37 N.Y.2d 649).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

Order affirmed.


Summaries of

Lord v. State of New York

Court of Appeals of the State of New York
Oct 18, 1979
397 N.E.2d 1173 (N.Y. 1979)
Case details for

Lord v. State of New York

Case Details

Full title:ELISSA LORD, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No…

Court:Court of Appeals of the State of New York

Date published: Oct 18, 1979

Citations

397 N.E.2d 1173 (N.Y. 1979)
397 N.E.2d 1173
422 N.Y.S.2d 369

Citing Cases

National Fuel Gas Supply Corp. v. Anger

Further, no findings were made as to the value of the gas storage rights. In appropriation and condemnation…

Matter of Town of Cobleskill

Petitioner primarily maintains that Supreme Court failed to adequately explain the basis for the damage…