2013 New York Consolidated Laws
RAT - Rapid Transit
Article 6 - (50 - 73) ACQUISITION OF PROPERTY BY THE CITY
60 - Trial; evidence of value.

 
    §  60.  Trial;  evidence of value.  a. Upon the trial, evidence of the
  price and other terms upon any sale, or of the rent reserved  and  other
  terms  upon  any  lease,  relating to any of the property taken or to be
  taken or to  any  other  property  in  the  vicinity  thereof  shall  be
  relevant,  material and competent, upon the issue of value or damage and
  shall be admissible on direct examination, if the court shall find:
    1. That such sale or lease was made within a reasonable  time  of  the
  vesting of title in the city,
    2.  That  it  was  freely  made  in  good  faith in ordinary course of
  business, and
    3. In case such sale or lease relates to other than property taken  or
  to  be  taken,  that  it  relates  to  property  which is similar to the
  property taken or to be taken.
    b. No such evidence shall be admissible as to any sale or lease, which
  shall not have been the subject of an examination before trial either at
  the instance of the city or of an owner:
    1. Unless at least twenty days before the trial the attorney  for  the
  party  proposing  to  offer  such  evidence  shall have served a written
  notice in respect of such sale or lease. Such notice shall  specify  the
  names and addresses of the parties to the sale or lease, the date of the
  making thereof, the location of the premises, the office, liber and page
  of  the  record  thereof,  if  recorded,  and the purchase price or rent
  reserved and other material terms; or
    2. Unless such sale or lease shall have occurred  within  twenty  days
  before the trial.
  Such  notice  by the corporation counsel shall be served upon all owners
  or their attorneys who have appeared in the proceeding; or if served  on
  behalf  of  an  owner,  shall be served upon the corporation counsel and
  upon all other owners or  their  attorneys  who  have  appeared  in  the
  proceeding.  The testimony of a witness as to his opinion or estimate of
  value or damage shall be incompetent,  if  it  shall  appear  that  such
  opinion or estimate is based upon a sale or lease of any of the property
  taken  or to be taken or of any of the property in the vicinity thereof,
  which shall not have been the subject of an  examination  before  trial,
  unless  it  shall have been specified in a notice served as aforesaid or
  shall have occurred within twenty days before the trial.
   c. Upon the trial, no map or plan of proposed streets, drains or sewers
  for the subdivision and improvement of any property, nor any drawing  or
  other  specification  of excavation or filling or piling or of any other
  proposed structure above or under ground deemed necessary or  proper  to
  provide  a  foundation  for a suitable or adequate improvement or of any
  other structure or improvement not existing on the property on the  date
  that title thereto may vest in the city nor any oral or written estimate
  of  cost  or  expense  of  constructing the streets, drains or sewers in
  conformity with such map or plan, nor any oral or  written  estimate  of
  the  cost  of  making  such  excavation  or  filling  or  piling  or  of
  constructing  any  such  other  proposed  structure  or  improvement  in
  conformity  with  such  drawing  or other specification thereof, nor any
  evidence of value or damage based upon any of the  foregoing,  shall  be
  received  in  evidence,  unless  the party offering the same in evidence
  shall have served upon the adverse party, at least thirty days prior  to
  the trial, a notice of intention to offer such evidence on the trial and
  of  the particulars thereof, including a true copy of the map or plan or
  drawing and other specification and estimate of cost or expense to be so
  offered in evidence, provided, however, that when offered such  evidence
  shall be subject to objection upon any legal ground.