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FOLEY v. STATE

32 A.D.2d 706 (1969)

Francis J. Foley, Jr., et al., as Executors of Francis J. Foley, Deceased, Respondents, v. State of New York, Appellant. (Claim No. 45312.)

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

May 21, 1969

Per Curiam.

The State does not contest the award of $4,550 for direct damages. It does assert with respect to the award of $2,925 for consequential damages, first, that the amount includes a duplication of damage items attributable to the loss of a water supply and, second, that the construction of the improvement enhanced the value of the property by an amount in excess of the consequential damages, by creating a market for deposits of gravel on the property...

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