Chili Hinchey Plaza Partnership v State of New York
2007 NY Slip Op 05026 [41 AD3d 1277]
June 8, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


Chili Hinchey Plaza Partnership, by Daniel R. Bickel, as Receiver, Appellant, v State of New York, Respondent.

—[*1] Forsyth, Howe, O'Dwyer, Kalb & Murphy, P.C., Rochester (Robert J. Kalb of counsel), for claimant-appellant.

Andrew M. Cuomo, Attorney General, Albany (William E. Storrs of counsel), for defendant-respondent.

Appeal from a judgment of the Court of Claims (Philip J. Patti, J.), entered April 25, 2006. The judgment awarded claimant, after a nonjury trial, damages in the amount of $106,038.52 resulting from the appropriation of certain premises.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs. Present—Gorski, J.P., Smith, Centra, Lunn and Fahey, JJ.