The opinion relied on two New York cases to support that conclusion, Soon Duck Kim v. City of New York, 90 N.Y.2d 1 (1997), and Gazza v. New York State Dep’t of Envtl. Conservation, 89 N.Y.2d 603 (1997). But as Professor Steven Eagle has written[,] . . . it is unlikely that these rulings survived the U.S. Supreme Court’s Palazzolo ruling four years later.
Robert Thomas, In New York’s Second Department, Apparently There Is An Expiration Date On The Takings Clause, Inverse Condemnation (Dec. 8, 2016, 10:15 PM), http://www.inversecondemnation.com/inversecondemnation/2016/12/in-new-yorks-second-department-apparently-there-is-an-expiration-date-on-the-takings-clause.html (citing Steven J. Eagle, The Regulatory Takings Notice Rule, 24 U. Haw. L. Rev. 533 (2002)).