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BRAND v. STATE

26 A.D.2d 747 (1966)

Arthur E. Brand et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 40871.)

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

July 20, 1966

Per Curiam.

The facts are detailed in our memorandum decision upon a prior appeal (21 A.D.2d 727) and need not be repeated. Contrary to the State's contention, our prior decision was not intended to, nor did it, either find or suggest that the proof established the creation of a benefit to be offset against any consequential damage shown. As clearly appears, the reversal was for...

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