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LALOMIA v. STATE

134 A.D.2d 846 (1987)

Benjamin Lalomia, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 68379.)

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

November 10, 1987

Judgment unanimously affirmed without costs.

Memorandum:

The State argues on appeal that the court erred in awarding consequential damages to claimant after finding that claimant's property had increased in value after the taking. While the State is correct that consequential damages are improper where the value of the property after the taking is greater than before the taking, since the value of benefits is deducted from any consequential damages (see...

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