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SIGHTSEEING TOURS OF AMERICA, INC. v. AIR PEGASUS HELIPORT, INC.

40 A.D.3d 354 (2007)

835 N.Y.S.2d 561

SIGHTSEEING TOURS OF AMERICA, INC., et al., Appellants, and HELICOPTER FLIGHT SERVICES, INC., Intervenor-Appellant, v. AIR PEGASUS HELIPORT, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 15, 2007.

The Hudson River Park Act (the Act) (L 1998, ch 592), created the Trust, a public benefit corporation to, inter alia, "encourage, promote and expand public access to the Hudson river, promote water-based recreation, and enhance the natural, cultural, and historic aspects of the Hudson river" (§ 2 [b]), "plan, design, develop, construct, operate and maintain the park" (§ 6 [a]), and "provide for the health, safety and welfare of the public using [the park's] facilities...

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