Niagara Mohawk Power Corp. v. Smith

Appellate Division of the Supreme Court of New York

Niagara Mohawk Power Corp. v. Smith

11 A.D.2d 905, 202 N.Y.S.2d 794, 1960 N.Y. App. Div. LEXIS 8763

Appellate Division of the Supreme Court of the State of New York·Decided July 1, 1960·Published·Cited by 1 cases

Opinion

Judgment unanimously modified on the law and facts by increasing the amount of the award to plaintiff to $289.21 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 extraordinary expenses should not have -been depreciated in the computation of damages. (Cross appeals from judgment of Oneida Trial Term for plaintiff, in an action for negligent damage to a utility pole. Liability was conceded and only the question of damages was litigated.) Present — Williams, P. J., Bastow, Goldman, Halpem and Henry, JJ.

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Judgment unanimously modified on the law and facts by increasing the amount of the award to plaintiff to $289.21 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 extraordinary expenses should not have -been depreciated in the computation of damages. (Cross appeals from judgment of Oneida Trial Term for plaintiff, in an action for negligent damage to a utility pole. Liability was conceded and only the question of damages was litigated.) Present — Williams, P. J., Bastow, Goldman, Halpem and Henry, JJ.

Niagara Mohawk Power Corp. v. Smith, 11 A.D.2d 905, 202 N.Y.S.2d 794, 1960 N.Y. App. Div. LEXIS 8763 (N.Y. Ct. App. 1960).

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Opinion

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