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CITY OF NEW YORK v. LONG ISLAND R. R. CO.

43 N.Y.2d 780 (1977)

City of New York, Respondent, v. Long Island Railroad Company, Appellant.

Court of Appeals of the State of New York.

Decided December 15, 1977.

Attorney(s) appearing for the Case

David W. Cohen, Melvyn Freeman, Patricia S. Muhlrad, George M. Onken and Thomas M. Taranto for appellant.

W. Bernard Richland, Corporation Counsel (Stephen P. Kramer and L. Kevin Sheridan of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In 1877 Atlantic Avenue Railroad Company leased railroad right-of-way property to appellant, Long Island Railroad Company, for a term of 99 years at an annual rental computed on gross receipts from the operation of the leased property. The lessee agreed to pay all real estate taxes levied on the property. In 1895 the lease was modified...

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