¶1Memorandum by the Court. While we do not accept the trial court’s theory (see City of Buffalo v. Pratt, 131 N. Y. 293; Matter of City of New York [Northern Blvd.], 258 N. Y. 136,152) there is no proof in this record of consequential damages and any finding of damage accruing after the expira*951tian of the 17-year lease woidd have to be purely conjectural. We decide no other issue. Judgment affirmed, without costs. Gibson, P. J., Herlihy, Taylor, Aulisi and Hamm, JJ., concur.
23 A.D.2d 950
Miller v. State
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 1965
Appellate Division of the Supreme Court of the State of New York · decided 1965-05-28
Relies on City of Buffalo v. . Pratt · Matter of City of N.Y. (Northern Blvd.)
Decided 1965-05-28