ORCHARD GROVE v. STATE OF NY


1 Misc.3d 810 (2003)

772 N.Y.S.2d 201

ORCHARD GROVE OF DUTCHESS, INC., Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 100686.)

Court of Claims.

September 24, 2003.


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (J. Gardner Ryan of counsel), for defendant.

Wallace & Wallace, LLP (Herbert N. Wallace of counsel), for claimant.


OPINION OF THE COURT

STEPHEN J. MIGNANO, J.

The claimant is the owner of a 22.06-acre parcel of land adjoining the westerly right-of-way of the Taconic State Parkway (hereinafter Taconic) in the Town of East Fishkill (see exhibit 11). Claimant seeks damages as a result of an April 15, 1999 appropriation by the New York State Department of Transportation pursuant to section 30 of the Highway Law and...

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