89 A.D.2d 963 | N.Y. App. Div. | 1982
In a condemnation proceeding, the claimant Vera Gold (Fiordelisi) appeals from a judgment of the County Court, Suffolk County (Murov, J.), entered September 12, 1980, which awarded her the sum of $13,000, plus interest, for the property condemned and from a resettled judgment of the same court, dated December 15, 1980. Appeal from the judgment dismissed. The judgment was superseded by the resettled judgment. Resettled judgment modified, on the law and the facts, by increasing the award from $13,000 to $26,000. As so modified, resettled judgment affirmed. The claimant is awarded one bill of costs. The land which is the subject of this appeal was acquired in this condemnation proceeding by the Town of Brookhaven on May 10, 1974. Lot No. 9 fronts on both Long Island Sound on the north and Mount Sinai Harbor on the south, but is bisected by Harbor Beach Road which runs east and west. Parcel No. 10 is located between Harbor Beach Road and Mount Sinai Harbor and is contiguous to the eastern border of Parcel No. 9, which is the portion of Lot No. 9 located between Harbor Beach Road and Mount Sinai Harbor. The combined Mount Sinai Harbor frontage of Parcels Nos. 9 and 10 was 290 feet. The Long Island Sound frontage of Lot No. 9 was 100 feet. The claimant’s total holding on both sides of Harbor Beach Road was approximately 60,600 square feet. The taking was of Parcel No. 9 (which, as noted, was that portion of Lot No. 9 located south of Harbor Beach Road), and