Carillion Realty Corp. v. State of New York

Appellate Division of the Supreme Court of New York

Carillion Realty Corp. v. State of New York

212 A.D.2d 660, 623 N.Y.S.2d 146, 1995 N.Y. App. Div. LEXIS 1723

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 21, 1995

DocketClaims Nos. 80047, 80048

StatusPublished

Cited by1 cases

This text of 212 A.D.2d 660 (Carillion Realty Corp. v. State of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carillion Realty Corp. v. State of New York, 212 A.D.2d 660, 623 N.Y.S.2d 146, 1995 N.Y. App. Div. LEXIS 1723 (N.Y. Ct. App. 1995).

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Opinion

—In a claim to recover damages for the condemnation of the claimant’s property, the claimant appeals from an order of the Court of Claims (Weisberg, J.), entered August 24, 1993, which denied its motion for partial summary judgment on the issue of whether the defendant’s taking has rendered the claimant’s remaining parcel landlocked.

Ordered that the order is affirmed, with costs.

We agree with the factual determination of the Court of Claims to the effect that the claimant’s property is not now, and has never been, landlocked as a result of the taking (see, Van Valkenburgh v State of New York, 131 AD2d 903; cf., Wolfe v State of New York, 22 NY2d 292; Matter of County of Schenectady [Pahl], 194 AD2d 1004). Bracken, J. P., Sullivan, Miller and Goldstein, JJ., concur.

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—In a claim to recover damages for the condemnation of the claimant’s property, the claimant appeals from an order of the Court of Claims (Weisberg, J.), entered August 24, 1993, which denied its motion for partial summary judgment on the issue of whether the defendant’s taking has rendered the claimant’s remaining parcel landlocked.

Ordered that the order is affirmed, with costs.

We agree with the factual determination of the Court of Claims to the effect that the claimant’s property is not now, and has never been, landlocked as a result of the taking (see, Van Valkenburgh v State of New York, 131 AD2d 903; cf., Wolfe v State of New York, 22 NY2d 292; Matter of County of Schenectady [Pahl], 194 AD2d 1004). Bracken, J. P., Sullivan, Miller and Goldstein, JJ., concur.

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Bluebook (online)

212 A.D.2d 660, 623 N.Y.S.2d 146, 1995 N.Y. App. Div. LEXIS 1723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carillion-realty-corp-v-state-of-new-york-nyappdiv-1995.

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