Opinion
August 1, 1961
Appeal from an order of a Special Term, Supreme Court, Otsego County. Although some loss of business to the claimants-respondents has been established resulting indirectly from acquisition for water supply purposes of lands of their customers by the City of New York, and hence they are entitled to an award (Administrative Code, § K41-44.0) we regard the awards in each instance excessive ($7,500 to Liddle Bros. and $10,500 to the Neff estate). The order appealed from is reversed on the law and the facts and the proceeding remitted to the commissioners, their successors, or to new commissioners as the court at Special Term may be advised, as to claimants-respondents Liddle, unless they stipulate to reduce the award to $5,000; in which event the order as to such claimants-respondents as thus modified is affirmed; and as to claimant estate of Neff, unless the respondent stipulates to reduce the award to $7,500 (plus $285.25 for witness fees) in which event the order as to such claimant-respondent, as thus modified, is affirmed. No costs. Settle order. Bergan, P.J., Coon, Herlihy, Reynolds and Taylor, JJ., concur.