Hoctor v. State

New York State Court of Claims

Hoctor v. State

199 Misc. 82, 102 N.Y.S.2d 541, 1951 N.Y. Misc. LEXIS 1527

CourtNew York Court of Claims

DecidedFebruary 8, 1951

DocketClaim No. 30230

StatusPublished

This text of 199 Misc. 82 (Hoctor v. State) is published on Counsel Stack Legal Research, covering New York Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hoctor v. State, 199 Misc. 82, 102 N.Y.S.2d 541, 1951 N.Y. Misc. LEXIS 1527 (N.Y. Super. Ct. 1951).

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Opinion

Byak, J.

In making its award in this case the court has given consideration to all of the material testimony offered in order to arrive at the greatest value which claimants are entitled to receive for any available use to which their lands may be put. (Matter of City of Rochester [Smith St. Bridge], 234 App. Div. 583.) However, the court is unable to award damages based on loss of business conducted by Mr. Hoctor or for loss of his profits therein or for reduction of earnings occasioned by the restriction of his activities as a fisherman’s guide. (Mitchell v. United States, 267 U. S. 341; Banner Milling Co. v. State of New York, 240 N. Y. 533; Burdick v. State of New York, 276 App. Div. 1052.)

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Byak, J.

In making its award in this case the court has given consideration to all of the material testimony offered in order to arrive at the greatest value which claimants are entitled to receive for any available use to which their lands may be put. (Matter of City of Rochester [Smith St. Bridge], 234 App. Div. 583.) However, the court is unable to award damages based on loss of business conducted by Mr. Hoctor or for loss of his profits therein or for reduction of earnings occasioned by the restriction of his activities as a fisherman’s guide. (Mitchell v. United States, 267 U. S. 341; Banner Milling Co. v. State of New York, 240 N. Y. 533; Burdick v. State of New York, 276 App. Div. 1052.)

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Bluebook (online)

199 Misc. 82, 102 N.Y.S.2d 541, 1951 N.Y. Misc. LEXIS 1527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoctor-v-state-nyclaimsct-1951.

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