SERF REALTY COMPANY v. STATE OF NEW YORK


5 A.D.3d 584 (2004)

773 N.Y.S.2d 123

SERF REALTY COMPANY, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 99004.)

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

March 15, 2004.


Ordered that the order is affirmed insofar as appealed from, with costs, and, upon searching the record, partial summary judgment is granted to the defendant dismissing so much of the claim, as in effect, alleged that the remainder parcel is legally landlocked.

Contrary to the claimant's contentions, the evidence established that it was not entitled to summary judgment on the issue of whether the taking of the property rendered its remainder parcel legally landlocked...

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