ROCHESTER GAS & ELEC. CORP. v. STATE


225 A.D.2d 1047 (1996)

639 N.Y.S.2d 221

Rochester Gas and Electric Corporation, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Appeal No. 1.) (Claim No. 75932.)

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

March 8, 1996


Judgment unanimously affirmed without costs.

Memorandum:

The Court of Claims properly awarded consequential damages for the condemnation of a portion of claimant's parcel of land. The evidence at trial supports the court's conclusion that claimant constructed excess subway conduits in "reasonable anticipation of future needs" and that the condemnation prevented claimant from ever fully utilizing the reserve capacity...

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