Fourth Department — Takings: Rose Park Place v. State of New York

Appellate Division, Fourth Department 

Takings

Consequential Damages — Sold Parcel

Rose Park Place v. State of New York
CA 13-01250
Appealed from Court of Claims

Background: At issue is whether consequential damages may be awarded when the real property in question was sold months before the taking of other real property that affects the land in question. The defendants argue that the award of damages was excessive.

Ruling: The Appellate Division vacated the award of consequential damages. The court held that the claimants did not own the parcel in question at the time of the taking and that, therefore, the concept of condemnation blight is irrelevant. The Appellate Division substituted an award that did not include the sold parcel.

Owen Demuth of the New York State Office of the Attorney General for the defendant-appellant; Edward J. Markarian of Magavern Magavern Grimm for the claimants-respondents