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MATTER OF CITY OF NEW YORK

26 A.D.2d 953 (1966)

In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Real Property for Construction of Clove Lakes Expressway, Section I, in the Borough of Richmond. Emilie Keller et al., Appellants

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

November 28, 1966

As so modified, decree affirmed insofar as appealed from, with costs to appellants.

In our opinion, the amount of the award to appellants for consequential damages in this condemnation proceeding was against the weight of the evidence. Appellants' proof showed that 5,400 cubic yards of fill were necessary to prevent the flooding of their parcel, of which sum 3,400 cubic yards of fill were in excess of the amount of fill which would have been required to elevate the...

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