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SOC'Y OF N. Y. HOSP. v. JOHNSON

5 N.Y.2d 102 (1958)

Society of the New York Hospital, Respondent, v. John W. Johnson, as Superintendent of Public Works of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided November 13, 1958.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Paxton Blair and Julius L. Sackman of counsel), for appellant.

Thomas E. Dewey for respondent.

Chief Judge CONWAY and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

DESMOND, J.

Plaintiff, a charitable corporation which for many years has conducted the Bloomingdale mental hospital in the City of White Plains, sues to restrain defendant State Superintendent of Public Works from attempting to acquire by appropriation for highway purposes a part of plaintiff's hospital lands. The principal question of law is as to the effect on the Superintendent's eminent domain powers of chapter...

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