Legal Opinion
Sullivan v. State
Appellate Division of the Supreme Court of the State of New York
Decided November 8, 2006PublishedCited by 13 opinions
1Opinion of the Court
*444In a claim to recover damages for a de facto taking of a temporary easement, the claimant appeals from an order of the Court of Claims (Lack, J.), dated June 6, 2005, which granted the defendant’s motion pursuant to CPLR 3211 (a) (1), (2), (5), and (7) to dismiss the claim.
Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, and the motion to dismiss the claim is denied.
In October 1997 the defendant State of New York took by eminent domain a temporary easement over a portion of a parcel of property then owned by the plaintiff Robert G.…
2Cases cited5 opinions
- Weiner v. MKVII-Westchester, LLCAppellate Division of the Supreme Court of the State of New York · 2002
- Nevin v. Laclede Professional Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Rubens v. FundAppellate Division of the Supreme Court of the State of New York · 2005
- Minimax Realties, Inc. v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1987
- Town of New Windsor v. StateNew York Court of Claims · 1979
3Cited by13 opinions
- Epifani v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2009
- Selinger Enterprises, Inc. v. CassutoAppellate Division of the Supreme Court of the State of New York · 2008
- Mazur Bros. Realty v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- Uzzle v. Nunzie Court Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 2010
- Datena v. JP Morgan Chase BankAppellate Division of the Supreme Court of the State of New York · 2010
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