Bersani Building, Inc. v. State

Judgment insofar as appealed from unanimously reversed on the law and facts, without costs of this appeal to either party and claim dismissed. Certain findings of fact and conclusions of law disapproved and reversed and new findings and conclusions made. Memorandum: The State appeals from that portion of the judgment which makes an award to claimant in the sum of $32,600 plus interest as damages for change of grade of Oswego Boulevard at the rear of claimant’s premises. Claimant was not *849legally or factually an abutting owner, since an 18-foot strip of land owned by the City of Syracuse…