BENNETT v. STATE


284 A.D. 828 (1954)

Charles A. Bennett, as Executor of Harry Fijas, Deceased, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 30929.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 8, 1954.


Judgment insofar as it denies damages as to Lot No. 78 affirmed; judgment insofar as it awards damages as to Lot No. 77 reversed on the law and facts and claim dismissed, without costs of these appeals to either party. Certain findings of fact disapproved and reversed and new findings made.

Memorandum:

We agree with the Court of Claims that the damages sustained by the claimant to Subdivision Lot 78 are damnum absque injuria. The damages were by reason...

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