N.Y. Rapid Transit Law § 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.