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THOMAS W. FINUCANE CORP. v. STATE

26 A.D.2d 768 (1966)

Thomas W. Finucane Corporation, Respondent, v. State of New York, Appellant. (Claim No. 39881.)

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

July 1, 1966

Judgment unanimously reversed on the law and facts and a new trial granted, without costs of this appeal to either party.

Memorandum:

Reversal is required for several reasons. First, the award for direct damages was higher than any testimony as to damage given by anyone, including the testimony of the two experts for the claimant. The award for consequential damages was based, at least in part, on interference with...

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