HAINES v. CITY OF NEW YORK


41 N.Y.2d 769 (1977)

Frederick R. Haines, on Behalf of Himself and All Other Property Owners in the Town of Hunter, Similarly Situated, Respondent, and Town of Hunter et al., Intervenors-Respondents, v. City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided June 7, 1977.


Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Stephen P. Kramer, L. Kevin Sheridan and Alexander Gigante, Jr., of counsel), New York City, for appellants.

Louis M. Weber, New York City, for respondent.

Charles J. Brown Windham, and Anthony Bucca, Tannersville, for intervenors-respondents.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.


GABRIELLI, J.

In the early 1920's, respondent City of New York and intervenors Town of Hunter and Village of Tannersville embarked upon negotiations for the construction of a sewage system to serve the village and a portion of the town. These negotiations were prompted by the city's need and desire to prevent the discharge of untreated sewage by residents of the area into Gooseberry Creek, a stream which fed...

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