LARKIN v. STATE


129 Misc.2d 280 (1985)

Ashley P. Larkin, Jr., Claimant, v. State of New York, Defendant. (Claim No. 70428.)

Court of Claims.

August 5, 1985


Attorney(s) appearing for the Case

Sutton, DeLeeuw, Clark & Darcy (John J. Darcy of counsel), for claimant. Robert Abrams, Attorney-General (Vincent P. Mitrano of counsel), for defendant.


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.

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