Levinson v. State

The above-entitled and numbered claim is for damages arising from a permanent appropriation by the State of part of a right of way allegedly owned by claimants over certain land located in Ulster County. When the case was moved for trial, the State made a motion to dismiss the claim on the ground that it did not set forth sufficient facts to constitute a cause of action and further that should there be a cause of action stated, it was validly released by the claimants. Decision was reserved and briefs and affidavits were submitted by the parties.

In determining the motion for dismissal for…