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  5. 44 N.Y.2d 827 (1978)
 

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

44 N.Y.2d 827 (1978)

City of New York, Appellant, v. Long Island Railroad Company, Defendant-Respondent and Third-Party Plaintiff. Hiram Walker Properties, Inc., et al., Third-Party Defendants.

Court of Appeals of the State of New York.

Decided May 9, 1978.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Stephen P. Kramer and L. Kevin Sheridan of counsel), for appellant.

Angelo Granatelli, George M. Onken and Armand J. Prisco 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 reversed, with costs, plaintiff's motion for summary judgment should be granted and defendant third-party plaintiff's cross motion for summary judgment should be denied.

Pursuant to certain consents and franchises, The Long Island Railroad Company was granted the privilege of using and occupying certain streets in the Boroughs of Brooklyn and Queens, in consideration...

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