WEST GATES CIP, LLC v. STATE OF NEW YORK

1114 CA 21-00560.

201 A.D.3d 1358 (2022)

158 N.Y.S.3d 698

2022 NY Slip Op 00597

West Gates CIP, LLC, Appellant, v. State of New York, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided January 28, 2022.


Attorney(s) appearing for the Case

BIERSDORF & ASSOCIATES, P.A., NEW YORK CITY ( RYAN R. SIMATIC OF COUNSEL), FOR CLAIMANT-APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( OWEN DEMUTH OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Centra, NeMoyer and Winslow, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Claimant commenced this action seeking direct and indirect damages for defendant's appropriation by condemnation of a portion of claimant's commercial property. Following a trial, the Court of Claims awarded claimant $109,800, plus interest, with no award for indirect damages. We affirm.

Contrary to claimant's contention, the court correctly applied claimant...

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