PRIESTLY v. STATE


28 A.D.2d 1088 (1967)

Ada E. Priestly et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 41702.)

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

October 31, 1967


Judgment unanimously modified by reducing the amount awarded to $4,000 and interest, and as so modified affirmed, without costs.

Memorandum:

The State does not challenge the amount awarded for direct damages. The award includes $4,000 for consequential damages. There was no basis in the record for the latter portion of the award. It is true that possible access (never heretofore exercised) through the portion directly taken was eliminated, but access remained...

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