City of Yonkers v. State

To sustain the award of consequential damages here, it is necessary to bring the case within the rationale of Dennison v State of New York (22 NY2d 409). Indeed, the majority employs that decision to support its holding. After quoting from Judge Fuld’s concurrence which emphasized "the quietude, the tranquility and the privacy of the [Dennison] property” (p 414), the majority here concludes: "So it is in the present instance.” Claimant’s brief states that "while we do not even suggest that the sylvan setting portrayed in Dennison was present here, w'e do strongly urge that a similar rationale…