Utilities & Industries Corp. v. State

New York Court of Appeals

Utilities & Industries Corp. v. State

247 N.E.2d 665, 24 N.Y.2d 756, 299 N.Y.S.2d 851, 1969 N.Y. LEXIS 1477

CourtNew York Court of Appeals

DecidedMarch 5, 1969

DocketClaim No. 39026

StatusPublished

This text of 247 N.E.2d 665 (Utilities & Industries Corp. v. State) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utilities & Industries Corp. v. State, 247 N.E.2d 665, 24 N.Y.2d 756, 299 N.Y.S.2d 851, 1969 N.Y. LEXIS 1477 (N.Y. 1969).

Pincite

Opinion

Memorandum.

The order should be modified, without costs, by reinstating the allowance of damage made at the Court of Claims, and, as so modified, affirmed. The power of the Superintendent of Public Works to impose a condition on a reservation of special access to a controlled access highway is reasonably to be implied from the power to make the reservation itself (Highway Law, § 30, subd. 1, par. [a], subd. 3; § 3> subd. 2). Thus the conditional right reserved to this claimant, limited in kind and duration, could have been found, as the Court of Claims concluded, to have value. The decision of the Appellate Division on interest was right.

Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Bkettel and Jasen concur.

Order modified, without costs, and matter remitted to the Court of Claims for further proceedings in accordance with the memorandum herein.

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Memorandum.

The order should be modified, without costs, by reinstating the allowance of damage made at the Court of Claims, and, as so modified, affirmed. The power of the Superintendent of Public Works to impose a condition on a reservation of special access to a controlled access highway is reasonably to be implied from the power to make the reservation itself (Highway Law, § 30, subd. 1, par. [a], subd. 3; § 3> subd. 2). Thus the conditional right reserved to this claimant, limited in kind and duration, could have been found, as the Court of Claims concluded, to have value. The decision of the Appellate Division on interest was right.

Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Bkettel and Jasen concur.

Order modified, without costs, and matter remitted to the Court of Claims for further proceedings in accordance with the memorandum herein.

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Bluebook (online)

247 N.E.2d 665, 24 N.Y.2d 756, 299 N.Y.S.2d 851, 1969 N.Y. LEXIS 1477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/utilities-industries-corp-v-state-ny-1969.