RIZZO v. STATE OF NEW YORK


202 Misc. 439 (1951)

Alfonso M. Rizzo, Claimant, v. State of New York, Defendant. (Claim No. 30568.) Charles Linart et al., Claimants, v. State of New York, Defendant. (Claim No. 30569.) Leon Irland et al., Claimants, v. State of New York, Defendant. (Claim No. 30570.) Alfonso M. Rizzo, Claimant, v. State of New York, Defendant. (Claim No. 30571.)

Court of Claims.

August 21, 1951.


Attorney(s) appearing for the Case

S. Robert Silverman for claimants.

Nathaniel L. Goldstein, Attorney-General (Douglas S. Manley of counsel), for defendant.


LAMBIASE, J.

This is a motion by the State of New York to dismiss the above claims on the ground that they were not filed within two years after the accrual thereof, as required by subdivision 1 of section 10 of the Court of Claims Act of the State of New York.

Each claim alleges, among other things, that it is for the "wrongful and permanent appropriation" of land by the State of New York for the improvement...

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