In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property, Bounded by West…

Summary

The Court of Appeals reversed the Appellate Division’s reduction of condemnation awards, reinstating the Special Term’s findings because the higher capitalization rates adopted by the Appellate Division were unsupported by any evidence. The Court held that a trier of fact must be bound by the expert testimony in the record and may not substitute its own rates absent evidentiary support. Justice Van Voorhis dissented in part, arguing that the Appellate Division’s findings were supported by the totality of the evidence.