Keystone Associates v. State

Reynolds, J. (dissenting).

We would affirm the order of the Court of Claims dismissing appellant’s claim on the grounds that the court did not have jurisdiction of the subject matter and that the claim failed to state a cause of action.

The Court of Appeals decision in Matter of Keystone Assoc. v. Moerdler (19 N Y 2d 78, mot. for rearg. den. 19 N Y 2d 598) held that chapter 691 of the Laws of 1966 was unconstitutional in that it unreasonably deprived the appellant of the beneficial use of its property without payment of just compensation.

Clearly the statute would have been upheld had the…