Legal Opinion
Birnbaum v. State of New York
New York Court of Appeals
Decided June 8, 1989No. Claim 63695PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Wachtler.
The question in this case is whether a "taking” of property occurs, giving rise to the obligation to pay fair compensation (NY Const, art I, §7; US Const 5th & 14th Amends), when the State requires a nursing home to remain open until reasonable alternative arrangements can be made for the continued care of the patients. We conclude that under the facts and circumstances presented here the State’s actions, preventing the precipitous closing of a nursing home in contravention of the regulations of the Department of Health, did not constitute a "taking”…
2Cases cited18 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Mugler v. KansasSupreme Court of the United States · 1887
- Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
- Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- New York State Health Facilities Ass'n v. AxelrodNew York Court of Appeals · 1991
- Town of Clarkstown v. C&A Carbone, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Hospital Ass'n v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1990
- Restrepo v. StateNew York Court of Claims · 1989
- 520 East 81st Street Associates v. Lenox Hil HospitallAppellate Division of the Supreme Court of the State of New York · 1990
9 more not listed; retrieve them via the Exa API.