Biz-Biz Corp. v. State

In a claim to recover damages for the taking of real property without just compensation, the claimant appeals from an order of the Court of Claims (Lack, J.), dated December 3, 2004, which granted the defendant’s motion to dismiss its claim as untimely.

Ordered that the order is affirmed, with costs.

The Court of Claims correctly dismissed the claim for damages, arising from the appropriation by the defendant State of New York of a parcel of real property owned by the claimant, on the ground that it was untimely (see EDPL 503 [A]; cf. Court of Claims Act § 10 [1]). Where, as here, a landowner…