DSS Enterprises, Inc. v. State

Judgment unanimously affirmed with costs. Memorandum: Claimant alleged that, during the reconstruction of Edward Street in the City of Buffalo, the State changed the grade of the street and sidewalk, causing damage to his retail and office building. The Court of Claims correctly determined that the State was liable for the change of grade pursuant to section 364 of the Charter of the City of Buffalo (see, 240 Scott v State of New York, 18 NY2d 299). The court also properly concluded that the three-year time period set forth in Highway Law § 30 (14) applied to the filing of this claim (see,…