Nish v. Town of Poestenkill

*930Plaintiff commenced this action against the State of New York and others in Supreme Court to recover money damages arising from the alleged appropriation of and trespass upon her property during the widening of Route 66, a State highway in Rensselaer County. As an affirmative defense in its answer, the State alleged that Supreme Court lacked jurisdiction of the subject matter of the action. The State subsequently moved to dismiss the complaint against it based on that lack of subject matter jurisdiction (see, CPLR 3211 [a] [2]). Plaintiff cross-moved for an order severing the causes of action…