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eBook details

• Title: City New York v. State New York
• Author : Supreme Court of New York
• Release Date : January 24, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

[49 A.D.2d 661 Page 661] In 1963 the City of New York instituted a condemnation proceeding pursuant to former subdivision 5 of section 340-b of the Highway Law, and, by this claim, seeks reimbursement from the State for the parcel of real property owned by it and so condemned for interstate highway purposes. The land in question consists of property along the right of way of a public highway in the City of New York upon which playgrounds or ballfields were located, which uses are claimed by the State to be ""incidental"" to ""parkway"" use. The State's cross motion was made on the city's motion for summary judgment, but the city did not appeal from its denial. The cross motion was made on the grounds that the claim was time-barred and that the recondemnation of the land in question by the city is not compensable under section 3 of the General Municipal Law since, prior to the 1963 condemnation for expressway purposes, the city held the land for a parkway use which is a form of highway not substantially different from its subsequent use as an expressway. The final decree in the condemnation proceeding which was entered in the office of the Clerk of Queens County on August 20, 1968 awarded the city $227,800, which award was paid by the Comptroller of the City of New York to the city by warrant dated February 6, 1969. On February 26, 1969, request for reimbursement from the New York State Department of Transportation was made. The claim was filed on June 12, 1969. The State contends that since the City of New York was notified in May, 1967 that the State would not voluntarily pay for the parcel, a proceeding should have been brought within four months thereof, pursuant to article 78 of the CPLR, to review the ""determination"" denying the claim. This contention cannot be sustained. Prior to a judgment establishing the value of the parcel, no enforceable claim existed, and we are in agreement with the Court of Claims that a declaration by the State of the position it might take was premature as a rejection of that ""claim"". This is particularly so in view of the statutory provisions requiring, inter alia, submission of a certification of the amount due before a claim can be paid (former Highway Law, ? 349-c, subd 3.3). The State contends, in the alternative, that since the damage became fully liquidated upon entry of the final decree on August 20, 1968, the claim ""accrued"" on that date and was not timely unless filed within six months thereof pursuant to subdivision 4 [49 A.D.2d 661 Page 662]

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