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BENZ v. N. Y. S. THRUWAY AUTH.

9 N.Y.2d 486 (1961)

Marie Benz, Appellant, v. New York State Thruway Authority, Respondent.

Court of Appeals of the State of New York.

Decided April 27, 1961.

Attorney(s) appearing for the Case

Lauren D. Rachlin for appellant.

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

Judges DYE, FROESSEL and FOSTER concur with Chief Judge DESMOND; Judge VAN VOORHIS dissents in an opinion in which Judges FULD and BURKE concur.

Chief Judge DESMOND.

The courts below, bound as they were by Easley v. New York State Thruway Auth. (1 N.Y.2d 374), correctly held that the Supreme Court has no jurisdiction of this equity suit (or of the equity suit of Mathewson v. New York State Thruway Auth., 9 N.Y.2d 788, decided herewith). Easley held that the Thruway...

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