New York is one of only three states in the nation that does not allow trial by jury in an eminent domain case. All claims against the State of New York and certain other state authorities have exclusive jurisdiction in the Court of Claims where, regardless of the nature of the claim, there are no jury trials. Appropriation claims in the Court of Claims are certainly included and are tried by a Court of Claims Judge. Other condemnation matters must be tried by a Justice of the Supreme Court. This… read more
June 27, 2023