ARC Machining & Plating, Inc. v. Dimmick, 238 A.D.2d 849 (N.Y. App. Div. 1997). · Go Syfert
ARC Machining & Plating, Inc. v. Dimmick, 238 A.D.2d 849 (N.Y. App. Div. 1997). Cases Citing This Book View Copy Cite
26 citation events (19 in the last 25 years) across 3 distinct courts.
Strongest positive: Guild Ventures, LLC v. Kenwood Commons, LLC (nyappdiv, 2026-06-18)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Guild Ventures, LLC v. Kenwood Commons, LLC
N.Y. App. Div. · 2026 · confidence medium
Ultimately, Supreme Court enjoys broad discretion to review the evidence and "arrive at a determination of value that is either within the range of expert testimony or supported by other evidence and adequately explained by the court" ( ARC Machining & Plating v Dimmick , 238 AD2d 849, 850 [3d Dept 1997]; see Stone Mtn.
discussed Cited as authority (rule) Matter of Barberry Cove, LLC v. Town of Henrietta Bd. of Assessment Review
N.Y. App. Div. · 2024 · confidence medium
We note that "the trial court enjoys broad discretion in that it can reject expert testimony and arrive at a determination of value that is either within the range of expert testimony or supported by other evidence and adequately explained by the court" ( ARC Machining & Plating v Dimmick , 238 AD2d 849, 850 [3d Dept 1997]; see Rite Aid Corp. , 162 AD3d at 1601; see generally W.T.
discussed Cited as authority (rule) Matter of Rite Aid Corp. v. Darling
N.Y. App. Div. · 2018 · confidence medium
Moreover, "[d]eficiencies in an appraisal report may be cured by the expert's trial testimony" ( Matter of Gibson v Gleason , 20 AD3d 623, 625 [3d Dept 2005], lv denied 5 NY3d 713 [2005]), and "the trial court enjoys broad discretion in that it can reject expert testimony and arrive at a determination of value that is either within the range of expert testimony or supported by other evidence and adequately explained by the court" ( ARC Machining & Plating v Dimmick , 238 AD2d 849, 850 [3d Dept 1997]; see Wagner v State of New York , 25 AD2d 814, 814 [4th Dept 1966]).
cited Cited as authority (rule) StoneMountainPrimeLLCvUICCHoldingLLC
N.Y. App. Div. · 2014 · confidence medium
Trust 1997-SI v Altamont Farms, 284 AD2d 849, 850 [2001], quoting ARC Machining & Plating v Dimmick, 238 AD2d 849, 850 [1997]).
cited Cited as authority (rule) Stone Mountain Prime LLC v. UICC HoldIng LLC
N.Y. App. Div. · 2014 · confidence medium
Trust 1997-SI v Altamont Farms, 284 AD2d 849, 850 [2001], quoting ARC Machining & Plating v Dimmick, 238 AD2d 849, 850 [1997]).
cited Cited as authority (rule) Stone Mountain Prime LLC v. UICC HoldIng LLC
N.Y. App. Div. · 2014 · confidence medium
Trust 1997-SI v Altamont Farms, 284 AD2d 849, 850 [2001], quoting ARC Machining & Plating v Dimmick, 238 AD2d 849, 850 [1997]).
discussed Cited as authority (rule) Trustco Bank v. DeCaro
N.Y. App. Div. · 2011 · confidence medium
This evidence — and other evidence presented by plaintiff at the hearing — when viewed against defendant’s failure to present any convincing evidence as to the property’s value, provided ample support for the court’s decision that the property, when sold at foreclosure, was valued at $160,000 (see ARC Machining & Plating v Dimmick, 238 AD2d 849, 850 [1997]).
discussed Cited as authority (rule) In re the Estate of Piotrowski
N.Y. App. Div. · 2006 · confidence medium
In light of the long history of proposed development of the property, including projects in the works at the time of decedent’s death, and the fact that a portion of the property was ultimately developed as a Wal-Mart store in 2001, Surrogate’s Court properly relied upon the opinion of respondent’s expert that the separate zoning designations should be taken into account in determining the highest and best use of the property, as opposed to valuing the property as a single farm (see Matter of Kane, supra at 852; see generally Matter of CNG Transmission Corp. [Green], 273 AD2d 726, 728 [2…
discussed Cited "see" In re the Acquisition of Easements by Central New York Oil & Gas Co.
N.Y. App. Div. · 2013 · signal: see · confidence high
We find no reason to disturb this determination, as it was well within the court’s “broad discretion to accept or reject expert testimony in determining the value of condemned property” (Matter of CNG Transmission Corp. [Green], 273 AD2d 726, 728 [2000]; see ARC Machining & Plating v Gimmick, 238 AD2d 849, 850-851 [1997]).
discussed Cited "see" In re the Acquisition of Easements by Central New York Oil & Gas Co.
N.Y. App. Div. · 2013 · signal: see · confidence high
We find no reason to disturb this determination, as it was well within the court’s “broad discretion to accept or reject expert testimony in determining the value of condemned property” (Matter of CNG Transmission Corp. [Green], 273 AD2d 726, 728 [2000]; see ARC Machining & Plating v Gimmick, 238 AD2d 849, 850-851 [1997]).
examined Cited "see" Prairie Lakes Health Care System, Inc. v. Wookey (4×)
S.D. · 1998 · signal: see · confidence high
See ARC Machining & Plating, Inc. v. Dimmick, 238 A.D.2d 849 , 656 N.Y.S.2d 549, 550 (1997)(trial court enjoys broad discretion to reject expert testimony and to determine value within the range of expert testimony or supported by other evidence and adequately explained by the court); Studt v. Studt, 443 N.W.2d 639, 641 (S.D.1989); Filipetti v. Filipetti, 2 Conn.App. 456 , 479 A.2d 1229, 1230 (1984).
discussed Cited "see" Prairie Lakes Health Care Systems
S.D. · 1998 · signal: see · confidence high
See Arc Machining & Plating, Inc. v. Dimmick, 656 NYS2d 549, 550 (NYAppDiv 1997) (trial court enjoys broad discretion to reject expert testimony and to determine value within the range of expert testimony or supported by other evidence and adequately explained by the court); Studt v. Studt, 443 NW2d 639, 641 (SD 1989); Filipetti v. Filipetti, 479 A2d 1229, 1230 (ConnCtApp 1984).
discussed Cited "see, e.g." Orr v. Cook (2×)
S.D. · 2011 · signal: see also · confidence low
See also Prairie Lakes Health Care Sys., Inc. v. Wookey, 1998 S.D. 99 , ¶ 10, 583 N.W.2d 405, 412 (holding that a trial court’s independent valuation after considering the expert opinions was not clearly erroneous) (citing ARC Machining & Plating, Inc. v. Dimmick, 238 A.D.2d 849 , 656 N.Y.S.2d 549, 550 (N.Y.App.Div.1997) (stating that a trial court enjoys broad discretion to reject expert testimony and to determine value within the range of expert testimony or supported by other evidence and adequately explained by the court)).
cited Cited "see, e.g." In re the Acquisition of Real Property by CNG Transmission Corp.
N.Y. App. Div. · 2000 · signal: see also · confidence low
Corp. [Warrensburg Bd. & Paper Corp.], 205 AD2d 925, 926 ; see also, ARC Machining & Plating v Dimmick, 238 AD2d 849, 850 ).
Retrieving the full opinion text from the archive…
ARC Machining and Plating, Inc.
v.
Calvin A. Dimmick
Appellate Division of the Supreme Court of the State of New York.
Apr 24, 1997.
238 A.D.2d 849
White.
Cited by 18 opinions  |  Published
White, J. P.

Appeal from a judgment of the Supreme Court (Monserrate, J.), entered January 31, 1996 in Broome County, which granted plaintiff’s motion for a deficiency judgment.

Having sought a deficiency judgment of $238,201.13 in this action to foreclose a mortgage, plaintiff appeals from the judgment awarding it $13,201.13. Briefly, this action involves two commercial properties, a four-story manufacturing building[*850] and a parking lot located in the City of Binghamton, Broome County, that defendant mortgaged to plaintiff as security for two promissory notes totaling approximately $336,000. Subsequently, due to defendant’s failure to perform his obligations under the mortgage, plaintiff obtained a judgment of foreclosure and submitted the highest bid ($100,000) at the foreclosure sale. It then sought a deficiency judgment, submitting, in accordance with RPAPL 1371 (2), an appraisal that the fair and reasonable market value of the mortgaged premises as of the date of the foreclosure sale was $134,000. Defendant opposed the motion, producing an appraisal valuing the properties at $350,000.

Faced with these divergent appraisals, Supreme Court conducted an evidentiary hearing. At its commencement, plaintiff sought to introduce a more detailed appraisal report. Defendant’s objection thereto was sustained, leaving plaintiff to rely on its original appraisal. As noted by Supreme Court, this appraisal, predicated upon the comparable sales method, was deficient in that it failed to indicate what adjustments the appraiser had made and his explanations for them (see, Matter of County of Dutchess [285 Mill St.], 186 AD2d 891, 892). Despite this omission, plaintiff’s appraiser was permitted to explain how he arrived at the. square footage valuations for the comparable properties that were contained in his appraisal, but was precluded from offering testimony regarding adjustments that apparently were made subsequently by him which resulted in lower square footage values not set forth in his appraisal. Supreme Court’s rationale for foreclosing such testimony was that plaintiff failed to disclose the revised valuation figures to defendant prior to the hearing.

Plaintiff contends that Supreme Court improperly precluded its appraiser’s testimony, particularly since it appears to have relied on the rules applicable to tax assessment review proceedings (22 NYCRR 202.59 [g] [2]; [h]). Plaintiff’s argument is overstated since Supreme Court did not rely on the cited rules, but only alluded to them as evidence of the strong policy favoring pretrial disclosure. In any event, the preclusion of the subject testimony was, at most, harmless error.

In matters of this type, the trial court enjoys broad discretion in that it can reject expert testimony and arrive at a determination of value that is either within the range of expert testimony or supported by other evidence and adequately explained by the court (see, Matter of County of Dutchess v Dutchess County Indus. Dev. Agency, 213 AD2d 635; Matter of New York City Tr. Auth. [Superior Reed & Rattan Furniture [*851] Co.], 160 AD2d 705; Marine Midland Bank v Harrigan Enters., 118 AD2d 1035, 1037). This is the procedure Supreme Court followed here for it adopted the valuation established by defendant’s expert and adequately explained its reasons for doing so. Therefore, inasmuch as the record is barren of any evidence that Supreme Court abused its discretion in following this course, we affirm its judgment.

Casey, Peters, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed, with costs.