RILEY v. STATE OF NEW YORK

Claim No. 122520, 204 CA 23-00037.

2024 NY Slip Op 01647

ELIZABETH L. RILEY, AS EXECUTOR OF THE ESTATES OF JOHN LETO AND JEANNE LETO, DECEASED, Claimant-Respondent, v. STATE OF NEW YORK AND NEW YORK STATE THRUWAY AUTHORITY, Defendants-Appellants.

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

Decided March 22, 2024.


Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( FREDERICK A. BRODIE OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

PRESENT: WHALEN, P.J., LINDLEY, GREENWOOD, NOWAK, AND KEANE, JJ.


Appeal from an order of the Court of Claims (Diane L. Fitzpatrick, J.), entered November 28, 2022. The order granted claimant's motion for partial summary judgment on the issue of liability and ordered a trial on the issue of damages.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs and the motion is denied.

Memorandum:

In this action sounding in de facto taking, defendants appeal from an order that...

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