Schneider v. State

Appellate Division of the Supreme Court of New York

Schneider v. State

38 A.D.2d 628, 327 N.Y.S.2d 60, 1971 N.Y. App. Div. LEXIS 2692

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

DecidedDecember 15, 1971

DocketClaim No. 50008

StatusPublished

Cited by6 cases

This text of 38 A.D.2d 628 (Schneider 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

Schneider v. State, 38 A.D.2d 628, 327 N.Y.S.2d 60, 1971 N.Y. App. Div. LEXIS 2692 (N.Y. Ct. App. 1971).

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Opinion

Appeal by the State from a judgment of the Court of Claims holding the State liable for negligence and awarding claimant $6,150 damages. Claimant, a dentist, operated his New York City office from April of 1967 to February 28, 1968 in premises appropriated by the State of New York. On the instant record the evidence is clearly inadequate to support the award of damages made by the trial court. Damages cannot be awarded on the basis of conjecture and guesswork (e.g., Steitz v. Gifford, 280 N. Y. 15), and, accordingly, the judgment must be reversed and the claim dismissed. Judgment reversed, on the law and the facts, and claim dismissed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur. [64 Misc 2d 803.]

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Appeal by the State from a judgment of the Court of Claims holding the State liable for negligence and awarding claimant $6,150 damages. Claimant, a dentist, operated his New York City office from April of 1967 to February 28, 1968 in premises appropriated by the State of New York. On the instant record the evidence is clearly inadequate to support the award of damages made by the trial court. Damages cannot be awarded on the basis of conjecture and guesswork (e.g., Steitz v. Gifford, 280 N. Y. 15), and, accordingly, the judgment must be reversed and the claim dismissed. Judgment reversed, on the law and the facts, and claim dismissed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur. [64 Misc 2d 803.]

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Bluebook (online)

38 A.D.2d 628, 327 N.Y.S.2d 60, 1971 N.Y. App. Div. LEXIS 2692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneider-v-state-nyappdiv-1971.

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