Many lawyers believe that their opponents’ appraisal is so weak that a motion for summary judgment will bring them instant victory. The idea is usually not worth the effort for it is rare that summary judgment is appropriate in an eminent domain case. An appraisal presents a pure factual presentation of data and information utilized by an expert to conclude to an opinion of value. In New York State, an appraisal is required to be exchanged and filed pursuant to Court Rule. 22 NYCRR § 202.61. See Miriam Osborn Memorial… read more
October 11, 2017
SHOULD YOU MOVE FOR SUMMARY JUDGMENT OR IN LIMINE?
Posted in Appraisal, Due Process, In Limine, Just Compensation, Summary Judgment