Lebov, LLC v. State of New York

Court:	Appellate Division, Second Department
Citation:	185 A. D. 3rd 911, 2020 NY Slip Op 04153
Plaintiff:	Lebov, LLC (“Lebov”)
Defendant:	State of New York (“NY”)

Facts: Lebov owned an 8.6 acre parcel which had a Class A office building with a frontage buffer zone separating the building from the parking lot. In 2011, in order to widen a road, NY took .802 acres of this property. NY took the entire frontage buffer zone. After a trial, Lebov was awarded $232,000 in direct damages and for lost site improvements. Lebov had requested $2.7 million in severance damages for diminution in value. The Court of Claims denied this request.

Holding: The Appellate Division, Second Department determined that the Court of Claims’ decision on severance damages was within the range of testimony presented by NY’s expert. There was no reason to distrust the decision by the Court of Claims. A partial taking alone does not precipitate severance damages. The decision and order by the Court of Claims was affirmed.

Submitted by: Philip Sanchez, Esq.(www.spnylaw.com)

Precis:Davida S. Scher