Larkin v. State

OPINION OF THE COURT

Donald J. Corbett, Jr., J.

The State of New York moves the court for dismissal of this claim on the grounds of lack of jurisdiction, failure to state a cause of action and untimely filing.

The claim, filed on January 17, 1985, seeks damages from the State resulting from the elimination of a railroad crossing which purportedly has left landlocked 70 acres of claimant’s realty in the Town of Riga, New York.

A brief historical retrospective will allow cogent discussion of the issues herein. The Penn Central Railroad in January 1976 physically blocked and closed off the railroad…