Legal Opinion

Van Buskirk v. State

Appellate Division of the Supreme Court of the State of New York

Decided March 7, 1972No. Claim No. 53122PublishedCited by 5 opinions

1Opinion of the CourtHerlihy, P. J.

This is an appeal by the claimants from an order of the Court of Claims, entered on June 10, 1971, which granted a motion by the respondent to dismiss their claim for damages.

For purposes of such a motion the claimants are entitled to have the allegations of fact in the claim accepted as true and are entitled to any reasonable construction thereof which would establish a cause of action triable in the Court of Claims against the State of New York.

The claim alleges that: the State on April 29, 1968 granted an application of Cay uta Lake Property Owners Association, Inc. for a permit—pursuant…

2Cited by5 opinions

  1. Clockedile v. State Department of TransportationSupreme Judicial Court of Maine · 1981
  2. Sweet v. StateNew York Court of Claims · 1982
  3. E. B. Metal & Rubber Industries, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1981
  4. Crespo ex rel. Crespo v. New York State Office for People with DisabilitiesNew York Court of Claims · 2016
  5. State v. Unitized Building Corp.New York Supreme Court · 1977

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