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Tucci v. State

Appellate Division of the Supreme Court of New York, Third Department
Aug 25, 1967
28 A.D.2d 961 (N.Y. App. Div. 1967)

Opinion

August 25, 1967


Motion for reargument granted, without costs, and upon reargument the court adheres to its original decision, dated June 20, 1967 ( 28 A.D.2d 774). Even if we were to accept the fact that claimants owned to the middle of Grant Street and that therefore there was a direct appropriation, there was no evidence submitted by claimants establishing any direct damages and the mere fact of a direct taking does not establish a claim for consequential damages based on restriction of access which would avoid the general rule governing restriction of access as dealt with in our decision. We have considered all of claimants' arguments and find them without merit. Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur.


Summaries of

Tucci v. State

Appellate Division of the Supreme Court of New York, Third Department
Aug 25, 1967
28 A.D.2d 961 (N.Y. App. Div. 1967)
Case details for

Tucci v. State

Case Details

Full title:ARMANDO TUCCI et al., Respondents-Appellants, v. STATE OF NEW YORK et al.…

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

Date published: Aug 25, 1967

Citations

28 A.D.2d 961 (N.Y. App. Div. 1967)