Miller v. State

Memorandum 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.