Opinion
December 15, 1970
Appeal from a judgment, entered October 2, 1969, upon a decision of the Court of Claims which awarded claimants $15,000 as damages for the appropriation of a portion of their property in the Town of Lake George for the widening of New York State Route 9. Claimant's appraiser testified to direct damages of $7,223, and estimated consequential damages of $9,000, which was 10% of his before value. The State's appraiser testified to direct damages of $5,000 and made no allowance for consequential damages. The practice of making lump sum awards has been disapproved since there is no intelligible way of reviewing them. "Separate findings should be made as to the amount awarded for the direct taking and for the amount allowed as consequential damages setting forth the basis or theory for such allowance." ( Wineburgh v. State of New York, 20 A.D.2d 961; see, also, Conklin v. State of New York, 22 A.D.2d 481; Ahleim v. State of New York, 21 A.D.2d 747.) A new trial is not necessary, but the case must be remanded to the Trial Judge to formulate adequate findings. The determination of the appeal should be withheld and, upon the making and filing of the record of new or additional findings, the case should be restored to the calendar. ( Conklin v. State of New York, supra.) Determination of appeal withheld, and case remitted to the Court of Claims for further proceedings not inconsistent with this memorandum. Upon the making of new or additional findings by the Trial Judge, and the filing of the record thereof in this court, the case will be restored to the calendar. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Sweeney, JJ., concur.