MERCURY AIRCRAFT, INC. v. STATE


24 A.D.2d 836 (1965)

Mercury Aircraft, Incorporated, Respondent, v. State of New York, Appellant. (Claim No. 39525.)

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

October 28, 1965


Judgment unanimously modified on the law and facts by reducing the award to $3,800 and interest, and as so modified affirmed, without costs of this appeal to either party.

Memorandum:

We find no basis for an award for consequential damages. It is difficult, from the decision, to ascertain on just what basis these damages were awarded, but it is obvious that the Trial Judge considered the possible future expansion of the plant facilities and parking areas....

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