BENDER v. STATE


27 A.D.2d 792 (1967)

Austin W. Bender, Jr. et al., as Executors of Austin W. Bender, Sr., Deceased, Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 42065.)

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

February 16, 1967


Judgment unanimously modified on the law and facts in accordance with the Memorandum, and as modified affirmed, with costs. New findings made and inconsistent findings reversed.

Memorandum:

The Trial Judge awarded $93,032 and interest for the direct taking, but found that there were no consequential or severance damages, and disallowed that portion of the claim. We disagree with that disallowance and find that the claimant suffered consequential damages in...

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