Schneider v. State

• Decision Date: 15 December 1971
• Docket Number: No. 50008,50008
• Citation: Schneider v. State, 327 N.Y.S.2d 60, 38 A.D.2d 628 (N.Y. App. Div. 1971)
• Parties: Clarence L. SCHNEIDER, Respondent, v. STATE of New York, Appellant. Claim
• Court: New York Supreme Court — Appellate Division

Page 60

327 N.Y.S.2d 60

38 A.D.2d 628

Clarence L. SCHNEIDER, Respondent, v. STATE of New York, Appellant.

Claim No. 50008.

Supreme Court, Appellate Division, Third Department.

Dec. 15, 1971.

Kevin Seits and Albert A. Sloane, New York City (Arnold J. Kaplan, New York City, of counsel), for respondent.

Louis J. Lefkowitz, Atty. Gen. (Dennis Hurley, Albany, of counsel), for appellant.

Before HERLIHY, P.J., and REYNOLDS, STALEY, GREENBLOTT and COOKE, JJ.

MEMORANDUM DECISION.

Appeal by the State from a judgment of the Court of Claims, 64 Misc.2d 803, 316 N.Y.S.2d 155, holding the State liable for negligence and awarding claimant $6150 damages.

Claimant, a dentist, operated his New York City office from April of 1967 to February 28, 1968 in premises appropriated by the State of New York. On the instant record the evidence is clearly inadequate to support the award of damages made by the trial court. Damages cannot be awarded on the basis of conjecture and guesswork (e.g., Steitz v. Gifford, 280 N.Y. 15, 19 N.E.2d 661), and, accordingly, the judgment must be reversed and the claim dismissed.

Judgment reversed, on the law and the facts, and claim dismissed, without costs.

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