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ERDLE & STENGER v. STATE OF N. Y.

42 A.D.2d 211 (1973)

Erdle & Stenger, Inc., et al., Respondents, v. State of New York, Appellant. (Claim No. 51055.)

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

June 29, 1973.

Attorney(s) appearing for the Case

Louis J. Lefkowitz Attorney-General (Dennis Hurley, Emil Woldar and Ruth Kessler Toch of counsel), for appellant.

Harris, Beach & Wilcox (Douglas S. Gates of counsel), for respondents.

MARSH and MOULE, JJ., concur with HENRY, J.; SIMONS, J., dissents and votes to modify judgment in an opinion, in which DEL VECCHIO, J. P., concurs.

HENRY, J.

The only issue presented on this appeal is the validity of the allowance of $30,982 for consequential damages sustained by respondents by reason of the use to which the portion taken was put by the State.

The appropriation map was filed on October 9, 1967. The effect of the taking was to change the character and desirability of a single 41.9-acre potential subdivision to two subdivisions, one of 19.435 acres and one of 15.33 acres, which...

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