Kasper v. Town of Smithtown

In an action, inter alia, to recover damages for a de facto taking, (1) the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Gerard, J.), dated October 29, 1984, as denied its cross motion for summary judgment, inter alia, on the ground that the action was barred by collateral estoppel, and granted that branch of the plaintiff’s motion which was to strike its second affirmative defense; and (2) the plaintiff cross-appeals from so much of the same order as denied those branches of his motion which were to strike the third, fourth,…