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NAT'L BISCUIT CO. v. STATE

12 A.D.2d 998 (1961)

National Biscuit Company, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 34915.)

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

February 23, 1961

Judgment unanimously reversed upon the law and facts, without costs of this appeal to either party, and new trial granted.

Memorandum:

The award herein was made prior to our decision in Nettleton Co. v. State of New York (11 A.D.2d 899). Therein we said (p. 900) that "No damages should be awarded on the theory of loss of access or interference therewith, loss of traffic from immediately in front of the property, or...

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