Carillion Realty Corporation v. State

Full title: CARILLION REALTY CORPORATION, Appellant, v. STATE OF NEW YORK, Respondent…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 21, 1995

212 A.D.2d 660 (N.Y. App. Div. 1995)

623 N.Y.S.2d 146

Opinion

February 21, 1995

Appeal from the Court of Claims (Weisberg, J.).

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 A.D.2d 903; cf., Wolfe v State of New York, 22 N.Y.2d 292; Matter of County of Schenectady [Pahl], 194 A.D.2d 1004). Bracken, J.P., Sullivan, Miller and Goldstein, JJ., concur.