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CITY OF NEW YORK v. BAKER

46 N.Y.2d 790 (1978)

City of New York, Appellant, v. George P. Baker et al., as Trustees of the Property of Penn Central Transportation Company, Respondents.

Court of Appeals of the State of New York.

Decided December 20, 1978.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Judah Dick and L. Kevin Sheridan of counsel), for appellant.

William P. Jones for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed and the complaint reinstated, with costs.

Whatever the limitations on the ultimate collection of any judgment that may be recovered, the bankruptcy court has neither issued a specific stay nor granted prior leave to the city to bring the present plenary suit against the defendants (trustees of a railroad in...

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