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Gotthardt v. State

Appellate Division of the Supreme Court of New York, Third Department
Mar 9, 1967
27 A.D.2d 880 (N.Y. App. Div. 1967)

Opinion

March 9, 1967


Appeal by the State from a judgment of the Court of Claims which awarded the sum of $5,105.61 to the claimants for direct and consequential damages resulting from an appropriation of land. Albeit a suggestion has been advanced that some part of the consequential damages represented compensation for "noise from the highway", it would be impossible from the present record to discern the actual amount thereof and the concession by the respondents in their brief is pure speculation. The amount mentioned by the State expert included noise, dust and relocation, so that whatever the amount, it would be minimal, not subject to appraisal by this court and not of such portent as to require a new trial. The award without including the element of noise was well within the range of the testimony. Judgment affirmed, with costs. Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.


Summaries of

Gotthardt v. State

Appellate Division of the Supreme Court of New York, Third Department
Mar 9, 1967
27 A.D.2d 880 (N.Y. App. Div. 1967)
Case details for

Gotthardt v. State

Case Details

Full title:LUELLA GOTTHARDT et al., Respondents, v. STATE OF NEW YORK, Appellant…

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

Date published: Mar 9, 1967

Citations

27 A.D.2d 880 (N.Y. App. Div. 1967)

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