NIAGARA FRONTIER BLDG. v. STATE OF N. Y.


27 A.D.2d 329 (1967)

Niagara Frontier Building Corp., Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim Nos. 42742, 42760A, 43599 and 44344.)

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

April 6, 1967.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for appellant-respondent.

Augustine A. Mosco for respondent-appellant.

BASTOW, J. P., GOLDMAN, HENRY, DelVECCHIO and MARSH, JJ., concur.


Per Curiam.

The State appeals from a judgment awarding damages for loss of rental income based upon an abandoned intention to appropriate claimant's property. The latter cross-appeals and contends that its damages were improperly measured.

Claimant in 1961 owned a six-story building in Buffalo which housed several commercial tenants. In March, 1961 an officer of one of the tenants had conversations with an...

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