Jeda Capital-Lenox, LLC v. State

Appeal from an order of the Court of Claims (Collins, J.), entered October 7, 2015, which granted defendant’s motion to dismiss the claim.

Claimant is a contractor that was authorized to perform certain highway improvement work pursuant to five highway *1391work permits that defendant, through the Department of Transportation (hereinafter DOT), issued in 2005 and 2006 (see Highway Law § 52). The permitted highway work was incident to the construction of a large retail facility in the City of Oneida, Madison County. The work did not progress as expected and, in June 2008, DOT notified claimant that,…