NYC COMPTROLLER v. NYC MAYOR


7 N.Y.3d 256 (2006)

852 N.E.2d 1144

819 N.Y.S.2d 672

In the Matter of COMPTROLLER OF THE CITY OF NEW YORK, Appellant-Respondent, v. MAYOR OF THE CITY OF NEW YORK et al., Respondents-Appellants, and SNAPPLE BEVERAGE CORP., Respondent.

Court of Appeals of New York.

Decided June 29, 2006.


Attorney(s) appearing for the Case

Judd Burstein, P.C., New York City (Judd Burstein, Peter B. Schalk and Matthew G. DeOreo of counsel), for appellant-respondent.

Michael A. Cardozo, Corporation Counsel, New York City (Dona B. Morris, Francis F. Caputo, Jonathan S. Becker, Warren Shaw and Spencer Fisher of counsel), for Mayor of City of New York and others, respondents-appellants.

Shearman & Sterling LLP, New York City (Richard Schwed, Jeremy Epstein and Andrew C. Agor of counsel), for Snapple Beverage Corp., respondent.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.


OPINION OF THE COURT

Chief Judge KAYE.

In July 2003, in a novel revenue-raising venture, the City of New York created the Marketing Development Corporation (MDC), to develop innovative public-private partnerships—using the City's well-known image and resources—to promote New York City around the globe and generate jobs, revenue and tourism. The dispute before us centers on a concession contract...

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