POWER AUTH. OF THE STATE OF NEW YORK v. FADEL


29 N.Y.2d 790 (1971)

Power Authority of the State of New York, Appellant, v. Ernest L. Fadel et al., Respondents.

Court of Appeals of the State of New York.

Decided November 17, 1971.


Attorney(s) appearing for the Case

Thomas F. Moore, Jr., Lewis R. Bennett and Peter A. Giuntini for appellant.

Salem G. Mansour for respondents.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


Judgment affirmed, with costs, in the following memorandum: We find nothing in plaintiff's license or in the treaty and the legislative and administrative action and procedures underlying it, and certainly no clear authorization there or elsewhere, supportive of plaintiff's contention that the right to exercise the dominant servitude, in favor of the United States, in respect of defendants' water rights, devolved upon it, so as to exempt it from payment of compensation for...

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