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BIZ-BIZ CORPORATION v. STATE

29 A.D.3d 720 (2006)

815 N.Y.S.2d 252

BIZ-BIZ CORPORATION, Appellant, v. STATE OF NEW YORK, Respondent.

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

May 16, 2006.

Ordered that the order is affirmed, with costs.

The Court of Claims correctly dismissed the claim for damages, arising from the appropriation by the defendant State of New York of a parcel of real property owned by the claimant, on the ground that it was untimely (see EDPL 503 [A]; cf. Court of Claims Act § 10 [1]). Where, as here, a landowner executes an agreement for advance payment, and an advance payment of just compensation has been made, the...

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