Opinion
February 1, 1999
Appeal from the Court of Claims (King, J.).
Ordered that the judgment is affirmed, with costs.
Contrary to the State's contentions, the Court of Claims' findings of fact were reasonable and well supported in the record ( see, Berley Indus. v. City of New York, 45 N.Y.2d 683). The award was limited to damages actually sustained ( see, Uvalde Asphalt Paving Co. v. City of New York, 196 App. Div. 740), although the quantum of damages was, in this dispute, "unavoidably uncertain, beset by complexity [and] difficult to ascertain" ( Berley Indus. v. City of New York, 45 N.Y.2d 683, 687, supra; cf., Reynolds Sec. v. Underwriters Bank Trust Co., 44 N.Y.2d 568; Matter of Rothko, 43 N.Y.2d 305; Bigelow v. RKO Radio Pictures, 327 U.S. 251).
The State's remaining contentions are without merit.
Miller, J. P., Thompson, Sullivan and McGinity, JJ., concur.