Legal Opinion

Roberts v. State

New York Court of Claims

Decided June 21, 2004No. Claim No. 105344Published

1Opinion of the Court

OPINION OF THE COURT

Francis T. Collins, J.

Defendant’s notice of motion dated March 20, 2004 seeks the following relief:

“(a) pursuant to CPLR 3212 (e), granting partial summary judgment in favor of the Defendant and against the Claimants on so much of this claim as seeks damages for an alleged injury to property as a result of flooding; and (b) pursuant to CPLR 3212 (e), granting partial summary judgment in favor of the Defendant and against the Claimants on so much of this claim as seeks damages for an alleged de facto appropriation of a strip of land running east/west along the northerly…

2Cases cited20 opinions

  1. Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
  2. Fry v. Village of TarrytownNew York Court of Appeals · 1997
  3. Lepkowski v. State of NYNew York Court of Appeals · 2003
  4. Dreger v. New York State Thruway AuthorityNew York Court of Appeals · 1992
  5. Lichtenstein v. StateNew York Court of Appeals · 1999

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