Legal Opinion

Welbilt Corp. v. State

New York Court of Claims

Decided January 22, 1975No. Claim No. 52203Published

1Opinion of the CourtRobert J. Mangum, J.

This claim seeks recovery for property damages allegedly occurring as a result of the construction of the Flushing-Maspeth Grade Crossing Elimination Project (P. S. O. No. 11626). A notice of intention was filed on March 8, 1968 and the claim, on March 6, 1970. Trial was commenced April 22, 1974.

In a [decision dated June 6, 1973, in which interest was suspended on any award from April 30, 1973 to the first day of *440trial, the Hon. Henry W. Lengyer¡denied the State’s application for dismissal and held the claim timely filed.

The damages consist basically of three separate items, each…

2Cases cited17 opinions

  1. Transportation Co. v. ChicagoSupreme Court of the United States · 1879
  2. Uppington v. . City of New YorkNew York Court of Appeals · 1901
  3. Holmes v. StateAppellate Division of the Supreme Court of the State of New York · 1952
  4. Booth v. Rome, Watertown & Ogdensburg Terminal RailroadNew York Court of Appeals · 1893
  5. Berg v. . ParsonsNew York Court of Appeals · 1898

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