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BIRNBAUM v. STATE OF NEW YORK

73 N.Y.2d 638 (1989)

Janice Birnbaum et al., Respondents, v. State of New York, Appellant. (Claim No. 63695.)

Court of Appeals of the State of New York.

Decided June 8, 1989.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant.

Percival D. Oviatt, Jr., and William G. Bauer for respondents.

Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SIMONS taking no part.

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...

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