In the Matter of PARMINDER KAUR et al., Respondents,
v.
NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Doing Business as EMPIRE STATE DEVELOPMENT CORPORATION, Appellant.
In the Matter of TUCK-IT-AWAY, INC., et al., Respondents,
v.
NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Doing Business as EMPIRE STATE DEVELOPMENT CORPORATION, Appellant.
Court of Appeals of New York.https://leagle.com/images/logo.png
Institute for Justice ( Dana Berliner , of the Virginia bar, admitted pro hac vice, Robert J. McNamara , of the Virginia bar, admitted pro hac vice, Scott Bullock , of the Virginia bar, admitted pro hac vice, and Darpana M. Sheth of counsel) for Institute for Justice, amicus curiae.
Feerick Lynch MacCartney PLLC, South Nyack ( J. David MacCartney, Jr. , of counsel), and Goldstein, Rikon & Rikon, P.C., New York City, for East Harlem Alliance of Responsible Merchants, amicus curiae.
Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT and JONES concur with Judge CIPARICK; Judge SMITH concurs in result in a separate opinion.
Court of Appeals of New York.
OPINION OF THE COURT
CIPARICK, J.
In this appeal, we are called upon to determine whether respondent's exercise of its power of eminent domain to acquire petitioners' property for the development of a new Columbia University campus was supported by a sufficient public use, benefit or purpose (see NY Const, art I, § 7 [a]; EDPL 207 [C] [4]). We answer this question in the affirmative and conclude, pursuant to our recent holding in Matter of...
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