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Heath v. State

Appellate Division of the Supreme Court of New York, Third Department
Oct 27, 1967
28 A.D.2d 1043 (N.Y. App. Div. 1967)

Opinion

October 27, 1967


Appeal by the claimant from a judgment of the Court of Claims awarding $10,000 to her for direct and consequential damages. On May 22, 1967 we withheld determination of this appeal and remitted the case to the trial court for the making of new or additional findings and such findings have now been made ( 28 A.D.2d 611). It appears that the findings of value made by the court and its allocation of damages between direct and consequential are within the range of the testimony of the expert witnesses. We find no compelling evidence requiring a modification of the award and, accordingly, the judgment should be affirmed. Judgment affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Herlihy, J.


Summaries of

Heath v. State

Appellate Division of the Supreme Court of New York, Third Department
Oct 27, 1967
28 A.D.2d 1043 (N.Y. App. Div. 1967)
Case details for

Heath v. State

Case Details

Full title:ANNA M. HEATH, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 27, 1967

Citations

28 A.D.2d 1043 (N.Y. App. Div. 1967)