Legal Opinion
Fodera Enterprises v. State
Appellate Division of the Supreme Court of the State of New York
Decided October 10, 2000PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Ritter, J. P.
In a claim to recover damages for the acquisition of real property, we are asked to determine whether the Court of Claims erred in declining to limit the claimant’s consequential damages to the “cost-to-cure” the same. On the record presented, we hold that it did not.
The claimant is the owner of real property in Queens. On February 1, 1993, the appellant, State of New York (hereinafter the State), appropriated a permanent easement on a wedge-shaped portion of the claimant’s property. By judgment dated June 22, 1999, the claimant, after a nonjury trial, was…
2Cases cited14 opinions
- Wilmot v. State of New YorkNew York Court of Appeals · 1973
- Wolfe v. State of New YorkNew York Court of Appeals · 1968
- City of Yonkers v. StateNew York Court of Appeals · 1976
- Mayes Co. v. State of New YorkNew York Court of Appeals · 1966
- Donaloio v. StateNew York Court of Appeals · 1985
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3Cited by2 opinions
- J.W. Mays, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 2002
- J.W. Mays, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 2002