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TRIPPE v. PORT OF NEW YORK AUTH.

17 A.D.2d 472 (1962)

Thomas Trippe et al., Respondents, v. Port of New York Authority, Appellant, et al., Defendants

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

December 24, 1962.

Attorney(s) appearing for the Case

Nathaniel Fensterstock of counsel (Daniel B. Goldberg, Joseph Lesser and Alan J. Littau with him on the brief; Sidney Goldstein, attorney), for appellant.

David G. Lubell of counsel (Joseph P. Marcelle, attorney), for respondents.

BELDOCK, P. J., UGHETTA, BRENNAN and HOPKINS, JJ., concur.

HILL, J.

This is an action by numerous home owners in Rosedale, a community alongside Idlewild Airport, against the Port of New York Authority as operator of the airport, and against 39 airlines that use the facilities of the airport.

The complaint contains three causes of action. The first cause of action — the only one presently involved — is against the Port Authority only; and it seeks...

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