City of Yonkers v. State

Full title: CITY OF YONKERS, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 10, 1975

49 A.D.2d 647 (N.Y. App. Div. 1975)

Opinion

July 10, 1975

Judgment, Court of Claims, entered on May 8, 1974, affirmed, without costs. No opinion. Greenblott, J.P., Sweeney, Kane and Main, JJ., concur; Reynolds, J., dissents and votes to reverse in the following memorandum.

Reynolds, J. (dissenting).

I dissent and vote to reverse the award of consequential damages to the high school building on the ground that claimant, as a matter of fact and as a matter of law, has failed to establish such damages and the award of $149,760 for consequential damages to the school building was improper and should be set aside.