FIFTH AV. COACH LINES v. CITY OF NEW YORK


11 N.Y.2d 342 (1962)

Fifth Avenue Coach Lines, Inc., et al., Respondents, v. City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided May 17, 1962.


Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Morris Handel, Pauline K. Berger, Milton H. Harris and Morris Einhorn of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen, Samuel A. Hirshowitz and Gretchen Oberman of counsel), in his statutory capacity under section 71 of the Executive Law.

Roy M. Cohn, John A. Kiser, Albert A. Blinder, Stephen Hochhauser and Richard Maidman for respondents.

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


DYE, J.

The Appellate Division, First Department, has reversed an order of the Special Term, Supreme Court, New York County, which denied plaintiffs' motion for a temporary injunction, and granted the motion, restraining the city, "pending determination of this action, from: (1) taking title without plaintiffs' consent to any of the plaintiffs' land, buildings, buses, franchises or other property; (2) taking...

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