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

33 A.D.2d 130 (1969)

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

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

December 4, 1969.

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.

MARSH, J. P., MOULE, BASTOW and HENRY, JJ., concur.

GABRIELLI, J.

The State appeals from a judgment in favor of claimant, entered June 25, 1968 (COOKE, J.) awarding damages caused by a "temporary de facto appropriation" resulting in a loss of rentals of its property. Claimant cross-appeals on the ground of inadequacy of the award.

When this case was before us on a prior appeal (27 A.D.2d 329) we stated that "we...

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