Opinion
November 11, 1942.
The State appeals from an item of consequential damages in a grade crossing elimination project allowed because the cost would be increased if it became desirable to build a side track to serve claimant's unappropriated land. Following the elimination project the railroad ran upon an embankment twenty-two feet above the level of claimant's land while previously it was at grade. $918.85 was awarded to compensate for this item. The judgment should be reduced by that amount. ( New York C.R.R. Co. v. Maloney, 234 N.Y. 208; Judge v. State of New York, 262 App. Div. 575). Judgment is modified by reducing it by the sum of $918.85 and interest thereon as computed in the judgment and as so modified the judgment is affirmed, without costs. The court's finding that claimant is entitled to consequential damages is hereby allowed because of loss of view occasioned by the twenty-two foot embankment and by the further fact that the embankment is unsightly. Findings made by the trial judge that an award should be made because of increased cost of installing a siding are reversed. Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ., concur.