Opinion
January 13, 1966
Appeal from the Court of Claims.
Present — Williams, P.J., Bastow, Goldman, Henry and Del Vecchio, JJ.
Judgment unanimously reversed on the law and facts and a new trial granted, without costs of these appeals to any party. Memorandum: The Court of Claims having properly found that claimants still have suitable albeit circuitous access to the new highway, erred in allowing damages based upon relocation of the highway ( Northern Lights Shopping Center v. State of New York, 20 A.D.2d 415, affd. 15 N.Y.2d 688). The allowance of $3,490 for damage to building lots is based upon unsatisfactory evidence ( Anania v. State of New York, 17 A.D.2d 904) because there is no clear foundation or factual support for the opinion valuation ( Katz v. State of New York, 10 A.D.2d 164, 166).