34 A.D.2d 714 | N.Y. App. Div. | 1970
Appeals from an order of the Court of Claims, entered November 14, 1969 which suspended interest on the claims herein from January 1, 1963 to October 7, 1965, and from so much of the judgments entered January 20 and 21, 1970 as provided for the suspension of interest during said period. On September 8, 1969, after trial of the claims involved here, the Court of Claims awarded damages to claimant in the sum of $116,149, plus interest, in Claim No. 36855; the sum of $134,291, plus interest, in Claim .No. 37536; and the sum of $11,600, plus interest, in Claim No. 37146. The first two awards were for appropriation of claimant’s property, and the third award was for negligence on the part of the State. Originally four other claims had been filed by claimant, one for negligence, two for trespass, and one for flood damages. The negligence and -trespass claims were also the subject of actions in the ‘Supreme Court, Westchester County against the State’s contractors, Poirier & McLane Corp. and Raymond International, Inc. The claim for flood -damages was tried separately and is not involved here. On September 2, 1964 the first six cla-hns were continued on the - Suspension Calendar of the Court of Claims pending disposition of the -Supreme Court actions which were on the Ready Calendar of the Supreme Court, Westchester County. On October 26, 1964 the counsel for one of the defendants in the -Supreme Court actions requested an adjournment for the purpose of making a motion for a stay of the trial of the actions