McDougal v. State

Appellate Division of the Supreme Court of New York

McDougal v. State

3 A.D.2d 981, 162 N.Y.S.2d 953, 1957 N.Y. App. Div. LEXIS 5339

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

DecidedMay 22, 1957

DocketClaim No. 29670

StatusPublished

This text of 3 A.D.2d 981 (McDougal 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

McDougal v. State, 3 A.D.2d 981, 162 N.Y.S.2d 953, 1957 N.Y. App. Div. LEXIS 5339 (N.Y. Ct. App. 1957).

Pincite

Opinion

—Judgment reversed on the law and facts and a new trial granted, without costs of this appeal to either party. Memorandum: The claim against the State is for “ (a) the permanent appropriation of land by the State of New York for the purposes of the Addison Flood Protection Project * *' *" and (b) for damage caused to claimant’s store building located upon a portion of his property lying next adjacent to the portion of his land so appropriated”. The Court of Claims has made an award for $10,000 which sum it has found to represent the difference in value of claimant’s land and building before and after the appropriation. We find it impossible to review adequately the judgment entered upon this award for the reason that the findings do not disclose the basis of the State’s liability for damages to claimant’s building, nor do they disclose what part of the damages awarded represent the value of the land appropriated, or what part represents damages, if any, to claimant’s building. All concur. (Appeal from a judgment of the Court of Claims for claimant on a claim for damages for the alleged permanent appropriation of realty.) Present — MeCurn, P. J., Kimball, Williams, Bastow and Goldman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment reversed on the law and facts and a new trial granted, without costs of this appeal to either party. Memorandum: The claim against the State is for “ (a) the permanent appropriation of land by the State of New York for the purposes of the Addison Flood Protection Project * *' *" and (b) for damage caused to claimant’s store building located upon a portion of his property lying next adjacent to the portion of his land so appropriated”. The Court of Claims has made an award for $10,000 which sum it has found to represent the difference in value of claimant’s land and building before and after the appropriation. We find it impossible to review adequately the judgment entered upon this award for the reason that the findings do not disclose the basis of the State’s liability for damages to claimant’s building, nor do they disclose what part of the damages awarded represent the value of the land appropriated, or what part represents damages, if any, to claimant’s building. All concur. (Appeal from a judgment of the Court of Claims for claimant on a claim for damages for the alleged permanent appropriation of realty.) Present — MeCurn, P. J., Kimball, Williams, Bastow and Goldman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

3 A.D.2d 981, 162 N.Y.S.2d 953, 1957 N.Y. App. Div. LEXIS 5339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdougal-v-state-nyappdiv-1957.