ENDWELL RUG CO., INC. v. STATE


23 A.D.2d 516 (1965)

Endwell Rug Co., Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 39830.)

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

January 12, 1965


Per Curiam.

It is clear that the trial court's award of $34,467.50 for consequential damages was based solely on its conclusion that "as a result of the improvement, the property is left without a reasonably suitable means of access for its highest and best available use" and that the consequential damages found were solely for loss of such access. Neither the record nor the physical circumstances of the property itself support any finding of loss of suitable...

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