155 N.Y.S. 985 | N.Y. Sup. Ct. | 1915
It is well settled that the court will not interfere with the report of commissioners of appraisal unless it appears that some erroneous principle has been adopted, or it is clearly shown that the awards are either inadequate or excessive, or that the commissioners have been influenced by passion or prejudice. Matter of Brook Avenue, 8 App. Div. 294; Matter of Manhattan R. Co. v. Comstock, 74 id. 341; People ex rel. City of New York v. Stillings, 138 id. 168. The contention of the claimant that the commissioners erred in excluding testimony to show the availability of his property for particular purposes is contrary to the well settled rule in this state. As was said in Matter of Simmons, 130 App. Div. 352,
Motion granted.