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BROOKS v. STATE

37 N.Y.2d 849 (1975)

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

Court of Appeals of the State of New York.

Decided October 17, 1975.

Attorney(s) appearing for the Case

Herman E. Gottfried and Joseph C. Shapiro for appellants.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur; Judge JASEN dissents and votes to affirm in a separate memorandum.

MEMORANDUM.

The Appellate Division's order of modification which reduced the condemnation award by the amount of consequential damages attributed to the diminution in value of the main restaurant building should be reversed. Since the award of consequential damages to the underlying land and the restaurant building was implicitly based on the same diminution of business, it was error for the Appellate Division to affirm consequential...

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