Dashley Realty, Inc. v. State of New York

Court:	Court of Claims, Rochester, New York
Citation:	2017-051-068
Claim #:	118613
Plaintiff:	Dashley Realty, Inc.
Defendant:	State of New York

Facts: Plaintiff Dashley Realty, Inc. (“Dashley”) had received an advance payment in a condemnation proceeding. The final award in that proceeding was less than the advance payment. Defendant State of New York (“State”) made a motion pursuant to EDPL 304(H) for a return of the extra payment.

Holding:The Court of Claims awarded State the sum of $145,000, plus interest thereon from December 17, 2009, finding that EDPL required such return of compensation.

Submitted by: Davida S. Scher

Precis:Davida S. Scher