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Brooks v. State

340 N.E.2d 472, 37 N.Y.2d 849, 378 N.Y.S.2d 38, 1975 N.Y. LEXIS 2231
CourtNew York Court of Appeals
DecidedOctober 17, 1975
DocketClaim No. 53218
StatusPublished
Cited by2 cases

This text of 340 N.E.2d 472 (Brooks v. State) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brooks v. State, 340 N.E.2d 472, 37 N.Y.2d 849, 378 N.Y.S.2d 38, 1975 N.Y. LEXIS 2231 (N.Y. 1975).

Opinions

Memorandum. The Appellate Division’s order of modification which reduced the condemnation award by the amount of consequential damages attributed to the diminution in value of the main restaurant building should be reversed. Since the award of consequential damages to the underlying land and the restaurant building was implicitly based on the same diminution of business, it was error for the Appellate Division to affirm consequential damages as to the former but not as to the latter. The State’s argument that the take-out portion of the restaurant was separable from the eat-in portion involves a divisibility which defies the reality of the situation.

Accordingly, the order of the Appellate Division should be reversed and the matter remitted for a determination of consequential damages.

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Related

Zittel v. State
65 A.D.2d 926 (Appellate Division of the Supreme Court of New York, 1978)
Brooks v. State
50 A.D.2d 1035 (Appellate Division of the Supreme Court of New York, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
340 N.E.2d 472, 37 N.Y.2d 849, 378 N.Y.S.2d 38, 1975 N.Y. LEXIS 2231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-state-ny-1975.