Beh v. State

Full title: GORDON BEH, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 60990.)

Court: Court of Appeals of the State of New York

Date published: Mar 30, 1982

435 N.E.2d 399 (N.Y. 1982)

435 N.E.2d 399

450 N.Y.S.2d 182

Opinion

Argued February 18, 1982

Decided March 30, 1982

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ROBERT M. QUIGLEY, J.

Irving Pheterson and Patricia O'Toole Vazzana for appellant.

Robert Abrams, Attorney-General ( Dennis Hurley and Shirley Adelson Siegel of counsel), for respondent.

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, reversed, with costs, and the judgment of the Court of Claims should be reinstated, for the reasons stated in the dissenting memorandum at the Appellate Division.

The trial court "by necessary implication from its award of consequential damages" found the loss of direct access rendered the property unsuitable for its highest and best use ( Priestly v State of New York, 23 N.Y.2d 152, 155).

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge JASEN dissents and votes to affirm for reasons stated in the memorandum of the Appellate Division ( 81 A.D.2d 744).

Order, insofar as appealed from, reversed, with costs, and the judgment of the Court of Claims reinstated in a memorandum.