Opinion
October 23, 1990
Appeal from the Supreme Court, Bronx County (Herbert Shapiro, J.).
In this case, claimant appellant estate of Max Donner (claimant) does not contest that respondent, the City of New York (City), has a general power of condemnation, nor is there a claim that the condemnation herein is beyond the City's statutory authority. Rather, claimant merely contends that the trial court erred in refusing to adopt the highest and best use for the subject property as described by the claimant's appraiser and further erred in giving weight to the City's appraisal.
This court is statutorily empowered to review questions of law and questions of fact in the case at bar (CPLR 5501 [c]). However, while our authority is as broad as that of the trial court, in reviewing its determination insofar as the amount of damages arising from the condemnation is concerned, we remain mindful of the fact that the Trial Judge had the advantage of seeing the witnesses. (Northern Westchester Professional Park Assocs. v. Town of Bedford, 60 N.Y.2d 492, 499; Siegel, NY Prac § 529, at 731-732.)
Applying this standard of review in the case at bar, we conclude that the findings made in this bench trial by the trial court, who, in addition to presiding, visited the subject property a number of times, are amply supported by the evidence. Accordingly, we affirm.
Concur — Ross, J.P., Carro, Kassal, Ellerin and Rubin, JJ.