CITY OF NEW YORK v. STATE OF NEW YORK


130 A.D.2d 433 (1987)

City of New York, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claims Nos. 70168 and 66669.)

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

May 26, 1987


The issue presented on this appeal is whether the Court of Claims abused its discretion by ordering the municipal claimant and the State defendant to proceed to trial on these eminent domain claims stemming from the aborted Westway Highway Project, undisputedly the largest claims in the history of the State and, perhaps, the Nation. On September 11, 1981 and February 6, 1982, the State of New York (the State) appropriated approximately 300 acres of land consisting of

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