SPERRY v. STATE OF NEW YORK


50 A.D.2d 618 (1975)

Corydon S. Sperry et al., Respondents-Appellants, v. State of New York, Appellants-Respondents. (Claim Nos. 57990-57998 and 58005.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 6, 1975


The State moved to dismiss all 10 claims on the grounds that the pleadings failed to state a cause of action and for summary judgment on the ground that there was no merit to the claims. The court granted the State's motion in part by dismissing the claims asserting damages for alleged taking and appropriation of claimants' property and denied the motion in part by refusing to dismiss the claims alleged upon the theory of nuisance. The State has appealed from those parts...

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