(DOWNLOAD) "Midcourt Builders Corp. v. State New York" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Midcourt Builders Corp. v. State New York
- Author : Supreme Court of New York
- Release Date : January 23, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Memorandum: The decision of the trial court refusing an adjournment to give claimants additional time to serve the written notice as provided in section 16 of the Court of Claims Act set in motion a chain of events that mandate a new trial. Claimants' attorneys were derelict in failing to serve the notices at an earlier date. When deprived, however, of the use of their proposed lists of comparable sales and leases the court permitted the introduction of such proof as factual data over the strenuous objections of the State. The latter to be consistent declined to cross-examine the expert of claimants in this area of his testimony. Then to add to the confusion the trial court in its decision agreed with the State's position and stated that it was giving no weight to the objectionable testimony as ""there was plenty of other evidence"" as to the value of the appropriated lands. We disagree that such other proof may be found in the record. What remained was the testimony of two experts, one called by the State and the other by claimant. The testimony of each was entitled to little or no probative weight. The expert called by claimant testified about an appraisal his father had made some years before of a portion of the nonappropriated lands of