Opinion · Appellate Division of the Supreme Court of the State of New York

Niagara Mohawk Power Corp. v. Smith

11 A.D.2d 905

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
1960-07-01
Topic
litigation

Judgment unanimously modified on the law and facts by increasing the amount of the award to plaintiff to $289.21 and as modified affirmed, without costs of this appeal to either party. Certain findings of fact disapproved and reversed and new findings made. Memorandum: The extraordinary expenses should not have -been depreciated in the computation of damages. (Cross appeals from judgment of Oneida Trial Term for plaintiff, in an action for negligent damage to a utility pole. Liability was conceded and only the question of damages was litigated.) Present — Williams, P.

Citator

UpLaw has not yet analyzed Niagara Mohawk Power Corp. v. Smith. The absence of a flag is not a finding that it is good law.

Cited by
1 opinion

Judgment unanimously modified on the law and facts by increasing the amount of the award to plaintiff to $289.21 and as modified affirmed, without costs of this appeal to either party. Certain findings of fact disapproved and reversed and new findings made. Memorandum: The extraordinary expenses should not have -been depreciated in the computation of damages. (Cross appeals from judgment of Oneida Trial Term for plaintiff, in an action for negligent damage to a utility pole. Liability was conceded and only the question of damages was litigated.) Present — Williams, P. J., Bastow, Goldman, Halpem and Henry, JJ.