Niagara Frontier Building Corp. v. State

The State appeals from a judgment in favor of claimant, entered June 25, 1968 (Cooke, J.) awarding damages caused by a “ temporary de facto appropriation ” resulting in a loss of rentals of its property. Claimant cross-appeals on the ground of inadequacy of the award.

When this case was before us on a prior appeal (27 A D 2d 329) we stated that “we neither directly nor inferentially express any opinion as to claimant’s right to recover for the whole or any part of its alleged loss of rentals ” (p. 332). We remitted the matter because of a paucity of findings and a failure of demonstrable…