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NO. LIGHTS CTR. v. STATE OF N. Y.

20 A.D.2d 415 (1964)

Northern Lights Shopping Center, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 34798.) Northern Lights Shopping Center, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 36697.) North Star Realty Corporation, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 36695.)

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

February 27, 1964.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Paxton Blair of counsel), for appellant-respondent.

Driscoll, Mathews, Gingold & Cass (Daniel F. Mathews, Sr., Francis D. McCurn and John F. Lawton of counsel), for respondents-appellants.

WILLIAMS, P. J., BASTOW, HENRY and NOONAN, JJ., concur.

GOLDMAN, J.

The State appeals in these condemnation proceedings from three judgments of the Court of Claims principally on the ground that any damage sustained by claimants as a result of loss of access is damnum absque injuria. The claimants cross-appeal on the ground of inadequacy resulting from the denial of additional consequential damages for alleged loss of visibility. The State does not dispute...

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