SULLIVAN v. STATE OF NEW YORK


34 A.D.3d 443 (2006)

824 N.Y.S.2d 135

ROBERT G. SULLIVAN, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided November 8, 2006.


Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, and the motion to dismiss the claim is denied.

In October 1997 the defendant State of New York took by eminent domain a temporary easement over a portion of a parcel of property then owned by the plaintiff Robert G. Sullivan and Pamela Liapakis, but now owned by Sullivan alone. According to a map filed in the office of the Nassau County Clerk, the temporary...

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