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WHALEN v. WAGNER

4 N.Y.2d 575 (1958)

Michael F. Whalen et al., Appellants, v. Robert F. Wagner et al., Constituting the Board of Estimate of the City of New York, et al., Respondents, and Port of New York Authority et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

John H. Finn and Victor J. Tirabasso, Jr., for appellants.

Peter Campbell Brown, Corporation Counsel (W. Bernard Richland of counsel), for respondents.

Daniel B. Goldberg, Sidney Goldstein, Joseph Lesser and Maria J. Ryan for Port of New York Authority, intervenor-respondent.

Franklin S. Wood, Clarence Fried and Barent L. Visscher for Triborough Bridge & Tunnel Authority, intervenor-respondent.

Louis J. Lefkowitz, Attorney-General (Abe Wagman and Paxton Blair of counsel), intervenor-respondent in person.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD and FROESSEL concur; Judge BURKE taking no part.

VAN VOORHIS, J.

This is a taxpayer's action under section 51 of the General Municipal Law to declare chapters 806 to 809, inclusive, of the Laws of 1955 unconstitutional, and to restrain the Mayor and Board of Estimate of the City of New York from acting thereunder in the condemnation of real property or the taking of other steps for the construction and operation of bridges over Throgs Neck connecting Bronx and...

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