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CITY OF NEW ROCHELLE v. STATE

14 N.Y.2d 559 (1964)

City of New Rochelle, Appellant, v. State of New York, Respondent. (Claim No. 35844.)

Court of Appeals of the State of New York.

Decided February 27, 1964.

Attorney(s) appearing for the Case

Francis S. Claps and Murray C. Fuerst for appellant.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Paxton Blair of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS and SCILEPPI. Judge BURKE dissents and votes to reverse in the following opinion. Taking no part: Judge BERGAN.

Judgment affirmed, without costs.

BURKE, J. (dissenting).

Although the Appellate Division was correct in characterizing sewage and drainage as governmental functions, that is not the end of the matter. The fact that this is an appropriation for the Thruway Authority puts it in a different light. The controlling cases mean that where there is taking of governmentally held municipal property by the State...

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