KAUR v. URBAN DEV. CORP.

No. 125.

15 N.Y.3d 235 (2010)

933 N.E.2d 721

907 N.Y.S.2d 122

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.

Decided June 24, 2010.


Attorney(s) appearing for the Case

Carter Ledyard & Milburn LLP, New York City ( John R. Casolaro , Joseph M. Ryan , Susan B. Kalib and Theodore Y. McDonough of counsel), Sive, Paget & Riesel, P.C. ( Mark A. Chertok and Dan Chorost of counsel), and Bryan Cave LLP ( Philip E. Karmel of counsel), for appellant.

Norman Siegel , New York City, Philip Van Buren , McLaughlin & Stern, LLP ( Steven J. Hyman and Aimee Saginaw of counsel), and Smith & Nesoff, PLLC ( David L. Smith of counsel), for respondents.

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.

Jane E. Booth , General Counsel, Columbia University, New York City, Wilmer Cutler Pickering Hale and Dorr LLP ( Paul A. Engelmayer of counsel), Wilmer Cutler Pickering Hale and Dorr LLP ( Seth P. Waxman , of the District of Columbia bar, admitted pro hac vice, Paul R.Q. Wolfson , of the District of Columbia bar, admitted pro hac vice, Rachel Z. Stutz , of the District of Columbia bar, admitted pro hac vice, Micah S. Myers , of the District of Columbia bar, admitted pro hac vice, and Sue-Yun Ahn of counsel) for Columbia University, 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.

Michael A. Cardozo , Corporation Counsel, New York City ( Leonard Koerner , Paul T. Rephen and Rochelle H. Cohen of counsel), for City of New York, amicus curiae.

Denise Outram , New York City, for Bill Perkins, amicus curiae.

Ben Totushek , amicus curiae pro se.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT and JONES concur with Judge CIPARICK; Judge SMITH concurs in result in a separate opinion.


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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