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ROSE PARK PLACE, INC. v. STATE

No. 326 CA 13-01250.

120 A.D.3d 8 (2014)

985 N.Y.S.2d 350

2014 NY Slip Op 3070

ROSE PARK PLACE, INC., et al., Respondents, v. STATE OF NEW YORK, Appellant. (Appeal No. 1.)

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

Decided May 2, 2014.

Attorney(s) appearing for the Case

Eric T. Schneiderman, Attorney General, Albany ( Owen Demuth of counsel), for appellant.

Magavern Magavern Grimm LLP, Buffalo ( Edward J. Markarian of counsel), for respondents.

SMITH, J.P. PERADOTTO, CARNI and SCONIERS, JJ., concur.

OPINION OF THE COURT

FAHEY, J.

Here we address the issue whether consequential damages may be awarded when the real property in question was sold months before the taking of other real property that affects the land in question. Claimants commenced this proceeding seeking damages for the diminished value of approximately 16 acres of what claimants characterized as "remaining land" following defendant's taking of approximately 1.22 acres of land from what...

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