We have previously written on New York’s “Appraisal Rule.”1 We noted that what makes discovery in a condemnation case particularly unnecessary is the fact that there are supposed to be no surprises at trial. This is because of the requirement to first exchange a written appraisal or other expert report. 22 NYCRR §202.61. See Osborn Memorial Home Associates v. Assessor of the City of Rye, 2004 NY Slip op 50793 U (Westchester Sup. Ct., 2004), where Justice Thomas A. Dickerson provides a remarkable history of the appraisal rules in New York.
In New York, condemnation trials are limited by the information set forth in the parties’ appraisals. After the exchange of appraisals, each side may file a rebuttal report within 60 days after receipt of the document sought to be rebutted. The appraisal reports are required to contain a statement of the method of appraisal relied on and the conclusions as to value reached by the expert together with the facts, figures and calculations by which the conclusions were reached. The appraisers are also required to provide specific information regarding their comparable sales, leases and photographs of the property under review.
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