Barrett v. Levitt

This is a motion brought by the plaintiff for a summary judgment in accordance with the provisions of section 3213 of the Civil Practice Law and Rules. Plaintiff’s motion was met by a cross motion by the defendant, Arthur Levitt, as Comptroller of the State of New York, to dismiss plaintiff’s action.

The factual situation as the same is pertinent to this motion is as follows: The State of New York appropriated certain parcels of land belonging to the plaintiff for highway purposes. Plaintiff prosecuted a claim in the Court of Claims and following-trial was awarded $5,000 damages. (Barrett v.…