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FERES v. STATE

24 A.D.2d 661 (1965)

Bernice B. Feres, Respondent, v. State of New York, Appellant. (Claim No. 41658.)

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

July 8, 1965

HERLIHY, J.

The State appeals from that portion of a judgment which awarded $9,580.70 as consequential damages. When this appeal was orally argued before the court, the Attorney-General stated that the direct damage award in the amount of $5,184 was not in issue. The Court of Claims allowed consequential damages on the theory that the use to which the appropriated property will be put "will limit the view of...

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