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Ebersol v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 13, 1966
25 A.D.2d 482 (N.Y. App. Div. 1966)

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).


Summaries of

Ebersol v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 13, 1966
25 A.D.2d 482 (N.Y. App. Div. 1966)
Case details for

Ebersol v. State

Case Details

Full title:PAUL F. EBERSOL et al., Respondents-Appellants, v. STATE OF NEW YORK…

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

Date published: Jan 13, 1966

Citations

25 A.D.2d 482 (N.Y. App. Div. 1966)