National Biscuit Co. v. State

Judgment unanimously reversed upon the law and facts, without costs of this appeal to either party, and new trial granted. Memorandum: The award herein was made prior to our decision in Nettleton Co. v. State of New York (11 A D 2d 899). Therein we said (p. 900) that “No damages should be awarded on the theory of loss of access or interference therewith, loss of traffic from immediately in front of the property, or loss of view by boulevard users.” (See, also, Hall & McChesney *999v. State of New York, 15 Misc 2d 748, affd. 11 A D 2d 899, motion for leave to appeal denied 11 A D 2d 977, 8 N Y 2d…