Opinion
January 21, 1977
Appeal from the Monroe Supreme Court.
Present — Marsh, P.J., Moule, Cardamone, Simons and Witmer, JJ.
Judgment unanimously affirmed, with costs. Memorandum: The only objection made on this appeal from the award for the condemnation of respondents' property is the amount of 50 cents per square foot (the sum of $12,225.50) included by the trial court to recompense respondents in part for the expenditures (allegedly about $40,000) made by them for planning and development of the site prior to notice by petitioner of intention to condemn it. Petitioner did not dispute the amount of respondents' alleged expenditures, but contends that the court improperly considered that evidence in making its award. The law is otherwise; and it was proper for the court to consider respondents' preliminary planning and development expense in determining the value of the property (Mattydale Shopping Center v State of New York, 303 N.Y. 974; Specialty Foods Corp. v State of New York, 46 A.D.2d 989; Salomone Co. v State of New York, 40 A.D.2d 916; Rustcon Developers v State of New York, 33 A.D.2d 582; and see Ryan v State of New York, 39 A.D.2d 830, 831).