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· 1/18/2007

Morales v. Kerr

Citations

  • 36 A.D.3d 503
  • 828 N.Y.S.2d 345

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “[Mr. Mastracci] seemed satisfied that [Sinclair] had addressed his questions about the repair timeline” -28- during the settlement meeting
  • rejecting the notion that appraisers must “dogmatically . . . stick to their initial calculations” in a manner that would routinely result in deadlock
  • “Appraisers are not limited to a single method of valuation unless the [contract] provides otherwise.”
  • “By . . . specifically providing that the value of the land was to be considered as vacant and unimproved, the parties manifested a clear intention that existing structures, encumbrances and leases not be taken into account in fixing value.”
  • “There is no merit to plaintiff’s claim that the determination was improperly arrived at by compromise. Appraisers must act fairly and reasonably [ ]. They are not required dogmatically to stick to their initial calculations, otherwise deadlock would be almost inevitable.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.