Sukiennik v. State

Judgment insofar as it awards claimants $31,285.32 for consequential damages unanimously reversed on the law and the facts and new trial granted as to consequential damages only and otherwise judgment affirmed, without costs of this appeal to either party. Memorandum: We find it necessary to remit this matter for a new trial on the question of consequential damages only, for the record does not contain sufficient proof to sustain the finding of $31,285.32 for consequential damages. The trial court properly stated that “it is perfectly obvious that the appropriation has damaged claimants'…