Albany Housing Authority v. State

— Appeal from an order of the Court of Claims (Murray, J.), entered December 19, 1983, which granted the State’s motion to dismiss the claim.

On April 2, 1982, claimant filed a claim seeking damages for the alleged trespass and negligent causing of noise pollution by the State of New York as a result of the construction and operation of Interstate Route 787. Claimant alleged that as a result of the close proximity of I-787 to a public housing complex, a portion of that property became uninhabitable. Thereafter, the State moved for dismissal of the claim on the basis that, inter alia, it was…