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CITY OF N.Y. v. STATE OF N.Y.

40 N.Y.2d 659 (1976)

City of New York, Appellant, v. State of New York, Respondent. (Claim No. 47847.) City of New York, Appellant, v. State of New York, Respondent. (Claim No. 52436.)

Court of Appeals of the State of New York.

Decided October 28, 1976.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Alfred Weinstein and L. Kevin Sheridan of counsel), New York City, for appellant in the first and second above-entitled actions.

Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons, and Ruth Kessler Toch of counsel), Albany, for respondent in the first above-entitled action.

Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons, Ruth Kessler Toch and Grace K. Banoff of counsel), Albany, for respondent in the second above-entitled action.

Judges JONES, WACHTLER and COOKE concur with Judge FUCHSBERG; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Chief Judge BREITEL and Judge JASEN concur.

FUCHSBERG, J.

These two cases, bearing Court of Claims Nos. 47847 and 52436, respectively, were brought by the City of New York to obtain reimbursement from the State for certain interest paid by the city on awards for properties taken by it in condemnation in furtherance of a federally sponsored interstate highway program. The costs of the acquisitions were to be fully reimbursable to the city by the State ...

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