Opinion
January 14, 1971
Appeal from the Court of Claims.
Present — Del Vecchio, J.P., Marsh, Gabrielli, Moule and Henry, JJ.
Judgment unanimously modified on the law and facts in accordance with the Memorandum herein, and as modified affirmed. Memorandum: Claimant appeals from a judgment of the Court of Claims awarding $1,602.75 in damages for the appropriation of two ground-mounted poster panel sign boards. For the reasons stated in the Memorandum in Richards "Of Course" v. State of New York, 36 A.D.2d 572, the judgment should be modified by increasing the amount computed as reproduction costs by 33 1/3%, which, after deducting depreciation would increase the damages awarded to $2,136.75.