Courtesy Sandwich Shop, Inc., et al., Appellants,
v.
Port of New York Authority et al., Respondents. Arthur J. Sills, Attorney-General of The State of New Jersey, Intervenor
In the Matter of The Port Authority Trans-Hudson Corporation, Respondent, 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., Appellants; Louis J. Lefkowitz, Attorney-General of The State of New York, Intervenor-Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 19, 1963.
February 19, 1963.
Attorney(s) appearing for the Case
Edward S. Greenbaum of counsel (Morris L. Ernst, Leo Rosen, Roger Bryant Hunting, Louis W. Bookheim, Jr., W. Bernard Richland, I. Lee Merin and Samuel M. Koenigsberg with him on the brief; Greenbaum, Wolff & Ernst, attorneys), for appellants.
Daniel B. Goldberg of counsel (Rosaleen C. Skehan, Joseph Lesser, Patrick J. Falvey, Isobel E. Muirhead and Lewis H. Sandler with him on the brief; Sidney Goldstein, attorney), for respondents.
Louis J. Lefkowitz, Attorney-General of the State of New York (Samuel A. Hirshowitz of counsel; Daniel M. Cohen with him on the brief), pro se.
Arthur J. Sills, Attorney-General of the State of New Jersey (Theodore I. Botter of counsel), pro se.
STEVENS, J., concurs with RABIN, J.; STEUER, J., concurs in opinion in which STEVENS and RABIN, JJ., concur; BREITEL, J., dissents in opinion in which BOTEIN, P. J., concurs.
Appellate Division of the Supreme Court of the State of New York, First Department.
RABIN, J.
On these companion appeals we are called upon to determine the validity and constitutionality of chapter 209 of the Laws of 1962. Speaking generally, this statute would authorize the Port of New York Authority to acquire, through condemnation, the Hudson Tubes and appurtenant properties and also to condemn 13 blocks in lower Manhattan for the purpose of developing...
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