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MILLER v. STATE

23 A.D.2d 950 (1965)

Harry Miller, Appellant, v. State of New York, Respondent. (Claim No. 37547.)

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

May 28, 1965

MEMORANDUM BY THE COURT.

While we do not accept the trial court's theory (see City of Buffalo v. Pratt, 131 N.Y. 293; Matter of City of New York [Northern Blvd.], 258 N.Y. 136, 152) there is no proof in this record of consequential damages and any finding of damage accruing after the expiration of the 17-year lease would have to be purely conjectural. We decide no other issue.

Judgment affirmed,...

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