N. Y. CENT. R. R. v. N. Y., NEW HAVEN R. R.


13 A.D.2d 309 (1961)

New York Central Railroad Company et al., Appellants, v. New York, New Haven and Hartford Railroad Company, Respondent

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

June 22, 1961.


Attorney(s) appearing for the Case

Thomas F. Daly of counsel (Garrard W. Glenn, Saul L. Sherman and James C. Goodale with him on the brief; Lord, Day & Lord, attorneys), for appellants.

David W. Peck of counsel (Henry N. Ess, III, and William R. Luney with him on the brief; Levien, Steinbrink & Beaudet, attorneys), for respondent.

BOTEIN, P. J., and BERGAN, J., concur with RABIN, J.; BREITEL, J., dissents in part in opinion in which EAGER, J., concurs.


RABIN, J.

Broadly stated, we are asked to define the rights of the New Haven Railroad and those of New York Central Railroad with respect to the operation of the Biltmore Hotel. New Haven claims that it has an equal voice in the management of that property whereas it is the claim of Central that its position with respect to control is a dominant one. Central asserts that the only right New Haven has is to join...

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