IN RE: ROCHESTER GENESEE REGIONAL TRANSPORTATION AUTHORITY (2024)

MEMORANDUM AND ORDER

It is hereby ORDERED that the second amended judgment so appealed from is unanimously affirmed without costs.

Memorandum: Respondents appeal from a second amended judgment that awarded them $509,000, plus interest and costs, after a trial in this condemnation proceeding. We reject respondents’ contention that Supreme Court's award was not supported by evidence in the record. Where, as here, a court determines that “capitalization of income is the proper valuation procedure and one expert utilizes that method, a court is not required to adopt that testimony per se but may use all the evidence in the record in order to establish fair market value” (Matter of City of New York [Oceanview Terrace], 42 N.Y.2d 948, 949, 398 N.Y.S.2d 134, 367 N.E.2d 641 [1977]). We conclude that the court's determination of the property's value is based on a fair interpretation of the evidence (see generally Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495, 591 N.Y.S.2d 978, 606 N.E.2d 1369 [1992], rearg denied 81 N.Y.2d 835, 595 N.Y.S.2d 397, 611 N.E.2d 298 [1993]; Matter of Rochester Urban Renewal Agency v. Lee, 83 A.D.2d 770, 770, 443 N.Y.S.2d 479 [4th Dept. 1981]).

We have reviewed respondents’ remaining contention and conclude that it does not warrant modification or reversal of the second amended judgment.