Courtesy Sandwich Shop, Inc., et al., Respondents,
v.
Port of New York Authority et al., Appellants; Arthur J. Sills, Attorney-General of the State of New Jersey, Intervenor-Appellant.
In the Matter of the Application of the Port Authority Trans-Hudson Corporation, Appellant, Relative to Acquiring Title to Real Property in the State of New York and the State of New Jersey for Hudson Tubes Purposes. Courtesy Sandwich Shop, Inc., et al., Respondents; Louis J. Lefkowitz, Attorney-General of the State of New York, Intervenor-Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued February 28, 1963.
Decided April 4, 1963.
Attorney(s) appearing for the Case
Daniel B. Goldberg, Sidney Goldstein, Rosaleen C. Skehan, Joseph Lesser, Patrick J. Falvey, Isobel E. Muirhead, Lewis H. Sandler and Anthony J. Raiola for Port of New York Authority and others, appellants in the above-entitled action.
Louis J. Lefkowitz, Attorney-General of the State of New York (Samuel A. Hirshowitz and Daniel M. Cohen of counsel), in his statutory capacity under section 71 of the Executive Law.
Arthur J. Sills, Attorney-General of the State of New Jersey (Theodore I. Botter of counsel), intervenor-appellant pro se.
Edward S. Greenbaum, Roger Bryant Hunting, Morris L. Ernst, Leo Rosen, Louis W. Bookheim, Jr., W. Bernard Richland and I. Lee Merin for respondents.
David W. Peck, Herman T. Stichman, Theodore N. Tarlau, John C. Jaqua and Michael A. Cooper for Hudson & Manhattan Corporation and another, amici curiæ.
Boyle, Feller & Reeves for West Side Association of Commerce, Inc., amicus curiæ.
Robert E. Littlefield for Commerce and Industry Association of New York, Inc., amicus curiæ.
Charles W. Merritt, Louis M. Loeb and Jack P. Jefferies for New York Chamber of Commerce, amicus curiæ.
Chief Judge DESMOND and Judges DYE, FULD, FOSTER and SCILEPPI concur with Judge BURKE; Judge VAN VOORHIS dissents in a separate opinion.
Court of Appeals of the State of New York.
BURKE, J.
Chapter 209 of the Laws of New York, 1962, together with concurrent New Jersey legislation (Laws of N. J., 1962, ch. 8), authorizes the Port of New York Authority, through the appellant subsidiary, to effectuate a single port development project to consist of the present Hudson & Manhattan Railroad system and a new development to be known as the "World Trade Center", all on a site in lower Manhattan...
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