Rose Park Place, Inc. v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Fahey, J.
Here we address the issue whether consequential damages may be awarded when the real property in question was sold months before the taking of other real property that affects the land in question. Claimants commenced this proceeding seeking damages for the diminished value of approximately 16 acres of what claimants characterized as “remaining land” following defendant’s taking of approximately 1.22 acres of land from what was claimants’ 17.3-acre parcel. Following a trial, the Court of Claims awarded claimants consequential damages with respect to what the court…
2Cases cited13 opinions
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- Wright v. FarlinNew York Court of Appeals · 1973
- People v. TaylorNew York Court of Appeals · 2007
- Wilmot v. State of New YorkNew York Court of Appeals · 1973
- Acme Theatres, Inc. v. StateNew York Court of Appeals · 1970
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3Cited by10 opinions
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- In re the Acquisition of Real Property by the StateAppellate Division of the Supreme Court of the State of New York · 2014
- In re the Acquisition of Real Property by the StateAppellate Division of the Supreme Court of the State of New York · 2014
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