Judgment unanimously affirmed, with costs.
Memorandum:
In this appropriation proceeding, the trial court acted within its discretion in reopening the case, before decision, for the receipt of further evidence concerning the suitability of substitute access (8 Carmody-Wait 2d, NY Prac, § 59.27). The award for consequential damages was proper since it was based upon the court's determination that the substitute means of access was unsuitable for the highest...
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