BALDWIN-HALL CO., INC. v. State

Memorandum : The order should he affirmed, without costs, on the memorandum at the Appellate Division. We make this further comment: the market value of claimant’s property was probably diminished after and because of the public improvement which involved a change of grade of Oswego Boulevard on which street claimant’s property fronted before any of the changes were made. However, as explained in Selig v. State of New York (10 N Y 2d 34), such damages although in a sense resulting from a change of grade are not compensable when there has been no taking of any part of the subject property and…