Legal Opinion

Miller v. State

New York Court of Claims

Decided November 3, 1977No. Claim No. 59111PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Jeremiah J. Moriarty, J.

In a project entitled County Line — Arcade, State Highway No. 1155, Wyoming County, the State of New York appropriated portions of claimant’s real property situate in the Village of Arcade, Wyoming County.

It appears from the moving papers, the defendant’s answering affidavit and oral testimony taken on a hearing on the motion that, although the highway project was Federally funded to the extent óf 70% of the cost of construction, no Federal dollars were used by the State in its acquisition of the right of way. In pretrial discovery proceedings,…

2Cases cited4 opinions

  1. In re the City of New YorkNew York Supreme Court · 1966
  2. Erie Lackawanna Railway Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1976
  3. Swartout v. StateAppellate Division of the Supreme Court of the State of New York · 1974
  4. In re the Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by5 opinions

  1. Colonial Penn Insurance v. SaltiAppellate Division of the Supreme Court of the State of New York · 1982
  2. Cook v. StateNew York Court of Claims · 1980
  3. Miller v. SanchezCivil Court of the City of New York · 2004
  4. Miller v. StateAppellate Division of the Supreme Court of the State of New York · 1981
  5. People v. DeaconLong Beach City Court · 1991

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