SCHNEIDER v. STATE


38 A.D.2d 628 (1971)

Clarence L. Schneider, Respondent, v. State of New York, Appellant. (Claim No. 50008.)

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

December 15, 1971


Claimant, a dentist, operated his New York City office from April of 1967 to February 28, 1968 in premises appropriated by the State of New York. On the instant record the evidence is clearly inadequate to support the award of damages made by the trial court. Damages cannot be awarded on the basis of conjecture and guesswork (e.g., Steitz v. Gifford, 280 N.Y. 15), and, accordingly, the judgment must be reversed and the claim dismissed.

Judgment reversed, on...

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