BROOKS v. STATE


50 A.D.2d 1035 (1975)

Griffin A. Brooks et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 53218.)

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

December 30, 1975


We modified that judgment by excluding therefrom the sum of $9,500 awarded for consequential damages to the restaurant building (45 A.D.2d 900). The Court of Appeals has reversed the order entered upon our decision and remitted the case to us for a determination of consequential damages (37 N.Y.2d 849). Inasmuch as the State did not, either in its oral or written argument, specifically object to the allocation...

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