Cook v. State

— Appeal by the State of New York from a judgment of the Court of Claims, entered on the 19th day of February, 1942, for $3,000 damages and interest. The claim is for consequential damages to real property not acquired, in the elimination by the State of the Prospect Avenue grade crossing of the Erie and Delaware, Lackawanna & Western Railroads in the city of Binghamton. The damage was caused to respondent’s property by the lowering of the grades of both Eldredge Street and Prospect Avenue. The amount of *848damage is not in question. The issues are whether the respondent was entitled to…