We are reliably informed that in the case of Matter of West Ramapo Sewer Extension Project, 2014 N.Y. Slip Opinions 05889, August 12, 2014, on a condemnor deposit of $244,800, the trial court awarded a total of $8,100,000, which came to over thirty-three times the condemnor’s deposit. The Appellate Division affirmed, and awarded costs t o the owner.
Unfortunately, the Appellate Division opinion (cited above) does not provide any factual details or any insights into the legal issues that divided the parties. But it does make clear, albeit tersely, that the court applied sanctions (in the form of drawing inferences adverse to the condemnor) because its appraiser destroyed earlier versions of the appraisal report.