Legal Opinion
Town of New Windsor v. State
New York Court of Claims
Decided October 24, 1979No. Claim No. 63183PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas J. Lowery, Jr., J.
The State of New York seeks an order dismissing the claim on the grounds that the court lacks subject matter jurisdiction (22 NYCRR 1200.20 [a] [2]; CPLR 3211, subd [a], par 2) and that the claim fails to state a cause of action (22 NYCRR 1200.20 [a] [1]; CPLR 3211, subd [a], par 7), or in the alternative, for summary judgment in favor of the State (CPLR 3212). The claimant, by cross motion, seeks an order in the nature of mandamus, compelling the State to make an offer, allegedly provided for by statute, representing the full value of the property…
2Cases cited8 opinions
- Psaty v. DuryeaNew York Court of Appeals · 1954
- City of Albany v. StateNew York Court of Appeals · 1971
- Silverman v. ComptrollerAppellate Division of the Supreme Court of the State of New York · 1972
- City of New York v. StateAppellate Division of the Supreme Court of the State of New York · 1975
- Village of Brockport v. County of Monroe Pure Waters DivisionAppellate Division of the Supreme Court of the State of New York · 1977
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3Cited by2 opinions
- Sullivan v. StateAppellate Division of the Supreme Court of the State of New York · 2006
- Minimax Realties, Inc. v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1987