Legal Opinion
Island Park, LLC v. State
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 2012PublishedCited by 2 opinions
1Opinion of the CourtMalone Jr., J.
Appeal from an order of the Court of Claims (DeBow, J.), entered September 9, 2011, which, among other things, granted defendant’s cross motion for summary judgment dismissing the claim.
*1065In February 2005, the Department of Transportation (hereinafter DOT) commenced a proceeding pursuant to Railroad Law § 97 and successfully obtained an order stating that a private at-grade railroad crossing, commonly known as Abele’s Crossing, should be closed and discontinued due to serious safety concerns. Claimant, who holds an easement at Abele’s Crossing and utilizes it to move farm equipment across the…
2Cases cited11 opinions
- Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
- Fred F. French Investing Co. v. City of New YorkNew York Court of Appeals · 1976
- Island Park, LLC v. CSX TransportationCourt of Appeals for the Second Circuit · 2009
- Lutheran Church in America v. City of New YorkNew York Court of Appeals · 1974
- Kittner v. Eastern Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by2 opinions
- Pearl St. Parking Assoc. LLC v. County of ErieAppellate Division of the Supreme Court of the State of New York · 2022
- In re MoratayaCivil Court of the City of New York · 2016