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CITY OF NEW YORK v. PENNSYLVANIA R. R. CO.

281 A.D. 27 (1952)

City of New York, Appellant-Respondent, v. Pennsylvania Railroad Company, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 25, 1952.

Attorney(s) appearing for the Case

Milton H. Harris of counsel (Harry E. O'Donnell and Reuben Levy with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for appellant-respondent.

William J. O'Shea of counsel (John Godfrey Saxe, Henry J. Kennedy and John A. Kiser with him on the brief; Saxe, Bacon, O'Shea & Bryan, attorneys), for respondent-appellant.

CALLAHAN, VAN VOORHIS and BREITEL, JJ., concur.

COHN, J.

The City of New York instituted this action against Pennsylvania Railroad to recover a balance of $518,703.51, allegedly due as rent for the use of piers numbered 27, 28 and 29, North River, together with land under water between the piers and certain lateral platforms with sheds erected upon the land under water, for the period beginning July 1, 1944, and ending October 31, 1948.

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