Fairchild Corp. v. State

In a claim, inter alia, to recover damages for breach of contract and for a taking of certain real property, the claimants appeal from so much of an order of the Court of Claims (LopezSumma, J.), entered July 31, 2012, as granted those branches of the defendant’s motion which were pursuant to CPLR 3211 to dismiss the second, third, and fourth claims alleging per se, de facto, and regulatory taking of the real property, respectively.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Court of Claims properly granted those branches of the defendant’s motion which were…