Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Michael Rikon

On appeal of a condemnation or tax certiorari case, what exactly is the appellate court standard of review? The answer is not that simple. Most decisions reviewing a valuation cause will state that since the matter before it was a bench trial, the Appellate Division may render the judgment it finds warranted by the facts, taking into account the fact that the trial court had the advantage of seeing the witnesses. Northern Westchester Professional Park Associates v. Bedford, 60 N.Y.2d 492 (1983). Stated another way, where the trial court’s findings of fact rest in large measure on considerations relating to the credibility of witnesses, deference is owed to the trial court’s credibility determinations. Gerard v. Cahill, 194 A.D.3d 813, 815 (2d Dept. 2017).

This premium content is locked for
New York Law Journal subscribers only.

  • Subscribe now to enjoy unlimited access to New York Law Journal content,
  • 5 free articles* across the ALM Network every 30 days,
  • Exclusive access to other free ALM publications
  • And exclusive discounts on ALM events and publications.

*May exclude premium content
Already have an account?
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to groupsales@alm.com to learn more.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.