GREECE RIDGE, LLC v. STATE OF NEW YORK

Sconiers and DeJoseph, JJ.

(dissenting). We respectfully dissent in part. We agree with the majority that Supreme Court erred in denying that part of defendant’s cross motion seeking summary judgment dismissing the fourth cause of action, for inverse condemnation. With respect to the remaining causes of action, however, we conclude that the court further erred in denying that part of the cross motion seeking summary judgment dismissing them to the extent that they assert claims for damages, and in granting that part of plaintiffs’ motion seeking dismissal of the 10th affirmative defense, which…