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

5 A.D.2d 552 (1958)

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

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

April 28, 1958.

Attorney(s) appearing for the Case

Thomas E. Dewey for appellant.

Louis J. Lefkowitz, Attorney-General (John R. Davison and Peter E. Herzog of counsel), for respondent.

UGHETTA, J., concurs with MURPHY, J.; BELDOCK, Acting P. J., concurs in separate opinion; HALLINAN, J., dissents and votes to affirm without modification, in opinion in which KLEINFELD, J., concurs.

MURPHY, J.

Appellant is a charitable corporation which operates a mental hospital within the city of White Plains. Chapter 659 of the Laws of 1927 (an act in relation to certain streets in the city of White Plains [hereinafter referred to as the 1927 statute]), provides in part that:

"Section 1. No street or avenue or road shall hereafter be laid out or opened through or upon any of the [appellant's]...

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