CAGGIANO v. STATE


22 A.D.2d 1011 (1964)

Carmen Caggiano et al., Respondents, v. State of New York, Appellant. (Claim No. 38465.)

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

December 10, 1964


Judgment unanimously reversed on the law and facts, with costs to claimants and a new trial granted.

Memorandum:

The court below in awarding $22,000 for the fee taking of .088 acres and for the taking of a temporary easement and a perpetual easement over .112 acres, did not make any separate findings as to the amount allowed for the direct takings or as to the amount allowed for consequential damages. The award being $12,000 more than the amount claimed for...

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