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CITIES SERV. OIL CO. v. CITY OF N. Y.

5 N.Y.2d 110 (1958)

Cities Service Oil Company et al., Appellants, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided November 20, 1958.

Attorney(s) appearing for the Case

George H. Colin and Francis J. Mulderig for appellants.

Peter Campbell Brown, Corporation Counsel (William A. Marks, Seymour B. Quel and Francis I. Howley of counsel), for City of New York, respondent.

Edwin G. F. Kelly, Daniel T. Scannell and Helen R. Cassidy for New York City Transit Authority, respondent.

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

FULD, J.

Claiming that their right of access to their gasoline station has been unlawfully invaded and that such invasion constitutes a taking of property without due process of law, Cities Service Oil Company and Frank Bronchick, the owner and lessee, respectively, of the premises, seek injunctive relief and damages — an injunction to restrain the City of New York and the New York City Transit Authority...

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