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FODERA ENTERS. v. STATE OF NY

275 A.D.2d 85 (2000)

714 N.Y.S.2d 113

FODERA ENTERPRISES, Respondent, v. STATE OF NEW YORK, Appellant.

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

October 10, 2000.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Peter H. Schiff and Michael S. Buskus of counsel), for appellant.

Goldstein, Goldstein & Rikon, P. C., New York City (Michael J. Goldstein of counsel), for respondent.

SULLIVAN, FLORIO and FEUERSTEIN, JJ., concur.

OPINION OF THE COURT

RITTER, J. P.

In a claim to recover damages for the acquisition of real property, we are asked to determine whether the Court of Claims erred in declining to limit the claimant's consequential damages to the "cost-to-cure" the same. On the record presented, we hold that it did not.

The claimant is the owner of real property in Queens. On February 1, 1993, the appellant, State of New York (hereinafter the State), appropriated...

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