Frankfater v. State

The State has moved for an order dismissing the above-entitled claim on the following grounds: (1) that the court lacks jurisdiction of the subject matter, (2) the *160claim fails to state a cause of action, (3) the claim fails to state facts sufficient to allow a recovery, and (4) the facts of the claim were the subject of a prior litigation which was decided adversely to claimants and are, therefore, res judicata.

In 1955 the State undertook the reconstruction of Route 17-B in Sullivan County pursuant to State highway projects designated as State Highway 890 Monticello-Mongaup Valley and State…