Wise v. State

Appellate Division of the Supreme Court of New York

Wise v. State

20 A.D.2d 617, 244 N.Y.S.2d 994, 1963 N.Y. App. Div. LEXIS 2788

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

DecidedDecember 5, 1963

DocketClaim No. 38680

StatusPublished

This text of 20 A.D.2d 617 (Wise 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

Wise v. State, 20 A.D.2d 617, 244 N.Y.S.2d 994, 1963 N.Y. App. Div. LEXIS 2788 (N.Y. Ct. App. 1963).

Pincite

Opinion

Judgment unanimously modified on the law and facts to decrease the amount of award to $31,100 and as so modified, affirmed, without costs of these appeals to either party. Inconsistent findings of fact and conclusions of law disapproved and reversed and new findings and conclusions made. Memorandum: The factual finding of the court that the claimant is entitled to an award for all direct and consequential damages by reason of the appropriation in the sum of $39,000 is against the weight of evidence. The finding that the claimant is damaged to the extent of $500 for furniture “because of the confusing situation as regards the tenants ” is not supported by any proof and is contrary to law. The finding that the damage sustained by reason of the temporary easements is in the amount of $1,200 is amply supported by the record. We find that the direct and consequential damage is in the amount of $29,900 and the claimant is therefore entitled to an award in the total amount of $31,100. (Cross appeals from judgment of Court of Claims for claimant on a claim for damages for permanent appropriation of realty.) Present — Williams, P. J., Goldman, McClusky, Henry and Noonan, JJ.

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

Judgment unanimously modified on the law and facts to decrease the amount of award to $31,100 and as so modified, affirmed, without costs of these appeals to either party. Inconsistent findings of fact and conclusions of law disapproved and reversed and new findings and conclusions made. Memorandum: The factual finding of the court that the claimant is entitled to an award for all direct and consequential damages by reason of the appropriation in the sum of $39,000 is against the weight of evidence. The finding that the claimant is damaged to the extent of $500 for furniture “because of the confusing situation as regards the tenants ” is not supported by any proof and is contrary to law. The finding that the damage sustained by reason of the temporary easements is in the amount of $1,200 is amply supported by the record. We find that the direct and consequential damage is in the amount of $29,900 and the claimant is therefore entitled to an award in the total amount of $31,100. (Cross appeals from judgment of Court of Claims for claimant on a claim for damages for permanent appropriation of realty.) Present — Williams, P. J., Goldman, McClusky, Henry and Noonan, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

20 A.D.2d 617, 244 N.Y.S.2d 994, 1963 N.Y. App. Div. LEXIS 2788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wise-v-state-nyappdiv-1963.