UTILS. & INDUS. CORP. v. STATE


24 N.Y.2d 756 (1969)

Utilities and Industries Corp., Appellant, v. State of New York, Respondent. (Claim No. 39026.)

Court of Appeals of the State of New York.

Decided March 5, 1969.


Attorney(s) appearing for the Case

Elias M. Schwarzbart for appellant.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Ruth Kessler Toch of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.


MEMORANDUM.

The order should be modified, without costs, by reinstating the allowance of damage made at the Court of Claims, and, as so modified, affirmed. The power of the Superintendent of Public Works to impose a condition on a reservation of special access to a controlled access highway is reasonably to be implied from the power to make the reservation itself (Highway Law, § 30, subd. 1, par. [a], subd. 3; §...

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