Peasley v. State

OPINION OF THE COURT

Harold E. Koreman, J.

The defendant moves for dismissal of the .claim on the grounds that it fails to state a cause of action and that the defenses of payment and res judicata are a complete bar to the claim herein. The claimant cross-moves for summary judgment contending that he is entitled to the relief demanded in the claim as a matter of law.

The undisputed facts giving rise to the instant claim are as follows:

The State of New York, pursuant to the provisions of ECL 3-0305, appropriated certain lands owned by the claimant located in the Town of Lake Pleasant, Hamilton…