Wesley Hills Ctr., LLC v. State of New York

Court:	Appellate Division, 2nd Dept.
Docket No.:	2018-00873
Citation:	2022 NY Slip Op 00904
Calimant:	Wesley Hills Ctr., LLC
Defendant:	State of New York

Facts: Claimant Wesley Hills Ctr., LLC (“Wesley Hills”) owns a shopping center in Rockland County. Defendant State of New York (“State”) seized 6,026 sq. ft. of frontage property in the shopping center owned by Wesley Hills. This seizure affected the number of parking spaces and the buffer zone in the shopping center. The parties could not agree to the extent of damages and a trial ensued. At the trial, Wesley Hills was granted a judgment in the amount of $432,000, which included a sum for severance damages. State appealed.

Holding: On appeal, the Appellate Division, Second Department, determined that the award of severance damages in this case was appropriate, as there was ample expert testimony and additional evidence to support the award. Judgment affirmed.

Submitted by: Philip Sanchez, Esq. (psanchez@herrick.com)

Precis: Davida S. Scher