New York State Court of Claims

New York State Court of Claims

LONDON v. THE STATE OF NEW YORK, #2005-033-162, Claim No. 107499, Motion No. M-69977


Synopsis



Case Information

UID:
2005-033-162
Claimant(s):
MICHAEL LONDON
Claimant short name:
LONDON
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107499
Motion number(s):
M-69977
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Siegel, Fenchel & Peddy, P.C.
Defendant’s attorney:
Eliot Spitzer, New York State Attorney GeneralBy: Donald E. Shehigian, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
December 21, 2005
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim for damages by Michael London (hereinafter “claimant”) as the result of the appropriation of land. Claimant owns Condominium Unit 2 in a development known as “The Fairways at North Hills Condominium” (hereinafter “Fairways”), Manhasset, New York. On March 16, 2000, the State of New York filed two taking maps acquiring property from Fairways. The first taking (Map 228) acquired approximately 50,693 square feet in fee along Shelter Rock Road. The second taking (Map 229) acquired 9,852 square feet as a permanent easement.


Claimant filed the instant claim on March 18, 2003. Fairways filed a claim on May 14, 2001. Defendant moves this Court to dismiss the claim[1] pursuant to CPLR 3211(a)(7), in that claimant fails to state a cause of action.

Defendant argues that claimant is not entitled to an award as an individual owner of a condominium unit in Fairways. Defendant relies on Murphy v State of New York, 14 AD3d 127. Murphy involved a condominium owner at Fairways who brought suit against the State of New York as an individual. In Murphy, the Appellate Division found that each individual unit owner in Fairways was not entitled to pursue an individual claim. The Court’s decision was based upon Article XII of Fairways’ By-Laws which provided for a pro rata distribution of a condemnation award.

Claimant offers no opposition to the motion.

The Court finds claimant fails to state a cause of action as an individual condominium owner against the State of New York.

Based upon the foregoing, defendant’s motion to dismiss is granted. The Clerk of the Court is directed to close the file.



December 21, 2005
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1].The following papers have been read and considered on defendant’s motion: Notice of Motion dated April 4, 2005 and filed April 5, 2005; Affirmation of Donald E. Shehigian, Esq. with annexed Exhibits A-C dated April 4, 2005 and filed April 5, 2005.