E. B. Metal & Rubber Industries, Inc. v. State

Appeals from orders of the Court of Claims (Murray, J.), entered July 10, 1980 and July 15, 1980, which denied claimant’s motions for discovery and granted the State’s motion for summary judgment dismissing the claim. The Champlain Barge Canal is under the exclusive jurisdiction and control of the State of New York, and during a particularly heavy rainfall on March 14,1977 the water in the canal rose to a level above its banks and broke through a dike located between the canal and property owned by claimant. The dike had been constructed at least partially on State-owned land by claimant’s…