Ahlheim v. State

Appellate Division of the Supreme Court of New York

Ahlheim v. State

22 A.D.2d 752, 253 N.Y.S.2d 688, 1964 N.Y. App. Div. LEXIS 2893

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 29, 1964

StatusPublished

Cited by1 cases

This text of 22 A.D.2d 752 (Ahlheim v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ahlheim v. State, 22 A.D.2d 752, 253 N.Y.S.2d 688, 1964 N.Y. App. Div. LEXIS 2893 (N.Y. Ct. App. 1964).

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Opinion

Judgment unanimously modified, on the law and facts, by reducing the amount of the award to- $13,600, and as modified, affirmed, without costs of this appeal to either party. Certain findings of fact disapproved and reversed and new findings made. Memorandum: The award of consequential damages in the amount of $25,400 was based on damages resulting from taking of claimants’ land and the taking of lands on both sides of claimants’ premises. Claimants were not entitled to consequential damages resulting from taking of their neighbors’ lands. (Campbell v. United States, 266 U. S. 368, 377; Matter of New York, West Shore & Buffalo Ry. Co., 101 N. Y. 685; Boyd v. United States, 222 F. 2d 493.) The amount awarded for consequential damages should, therefore, be reduced to the amount sustained as a result of the taking of claimants’ land which we find to be $12,000. This amount added to direct damages of $1,600 found by the trial court shows that the total damages sustained by claimants amount to $13,600. (Supplemental argument on appeal by State from a judgment of the Court of Claims for claimants.) Present — Williams, P. J., Bastow, Henry, Noonan and Del Veeehio, JJ.

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Judgment unanimously modified, on the law and facts, by reducing the amount of the award to- $13,600, and as modified, affirmed, without costs of this appeal to either party. Certain findings of fact disapproved and reversed and new findings made. Memorandum: The award of consequential damages in the amount of $25,400 was based on damages resulting from taking of claimants’ land and the taking of lands on both sides of claimants’ premises. Claimants were not entitled to consequential damages resulting from taking of their neighbors’ lands. (Campbell v. United States, 266 U. S. 368, 377; Matter of New York, West Shore & Buffalo Ry. Co., 101 N. Y. 685; Boyd v. United States, 222 F. 2d 493.) The amount awarded for consequential damages should, therefore, be reduced to the amount sustained as a result of the taking of claimants’ land which we find to be $12,000. This amount added to direct damages of $1,600 found by the trial court shows that the total damages sustained by claimants amount to $13,600. (Supplemental argument on appeal by State from a judgment of the Court of Claims for claimants.) Present — Williams, P. J., Bastow, Henry, Noonan and Del Veeehio, JJ.

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Bluebook (online)

22 A.D.2d 752, 253 N.Y.S.2d 688, 1964 N.Y. App. Div. LEXIS 2893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahlheim-v-state-nyappdiv-1964.

Opinion

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