De SALVIO v. McMORRAN


50 Misc.2d 483 (1965)

Louis De Salvio et al., Suing on Behalf of Themselves and All Other Similarly Situated Persons Owning Property or Residing or Doing Business in or Contiguous to the Area Proposed as the Route for the Lower Manhattan Expressway, Plaintiffs, v. J. Burch McMorran, as Superintendent of the New York State Department of Public Works, et al., Defendants.

Supreme Court, Special Term, New York County.

November 18, 1965


Attorney(s) appearing for the Case

Alfred F. Muscio for plaintiffs. Louis J. Lefkowitz, Attorney-General (Murray Sylvester of counsel), for J. Burch McMorran and others, defendants. Whitman, Ransom & Coulson (Charles F. Preusse and Dugald Campbell Brown of counsel), for Robert Moses and others, defendants. Leo A. Larkin, Corporation Counsel (Meyer Slifkin, Percival Sprung and Bernard Fagen of counsel), for City of New York and others, defendants.


ARTHUR G. KLEIN, J.

This action, a companion action to Matter of Helpern v. McMorran (50 Misc.2d 134), decided simultaneously herewith, with a view to stop the construction of the Lower Manhattan Expressway, has been instituted pursuant to section 51 of the General Municipal Law, seeking judgment decreeing: (1) that the map change of September 15, 1960, is void; (2) that the inclusion of the project in the...

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