City of Albany v. McMorran
| Decision Date | 29 June 1962 |
| Parties | The CITY OF ALBANY, Plaintiff-Respondent, v. J. Burch McMORRAN, individually and as Superintendent of the New York State Department of Public Works, and The People of the State of New York, Defendants-Appellants. |
| Court | New York Supreme Court — Appellate Division |
Louis J. Lefkowitz, Atty. Gen., for defendants-appellants .
John W. Hacker, Corp. Counsel, Albany, for plaintiff-respondent (John E. Roe and Nicholas A. Caimano, Albany, of counsel).
Before BERGAN, P. J., and COON, HERLIHY, REYNOLDS and TAYLOR, JJ.
Appeal by defendants from an order of the Supreme Court at Special Term in Albany County denying their motion to dismiss the complaint under subdivisions 2 and 4 of Rule 106 of the Rules of Civil Practice and granting plaintiff's motion for pendente lite injunctive relief.
The first cause of action alleged in the complaint is brought by the City in its own behalf and as the representative of its residents to declare invalid the appropriations effected by the defendant Superintendent of Public Works on March 27, 1962. In the second cause of action, instituted pursuant to Article 15 of the Real Property Law, plaintiff as the owner of premises located within the appropriated area seeks to quiet the title to its property.
Chapter 1 of the Laws of 1962 appropriated $20,000,000 'for the acquisition of real property for state purposes in the City of Albany in connection with the redevelopment and rehabilitation of the Capital City', authorized and indeed directly mandated the Superintendent of Public Works to make the acquisition in the manner provided by Section 30 of the Highway Law.
The sum appropriated is sufficient prima facie to sustain the acquisition; if the legislative estimate should fall short in amount the credit of the State is pledged to pay any deficiency. (Burnham v. Bennett 141 Misc. 514, 252 N.Y.S. 788, affd. 235 App.Div. 751, 256 N.Y.S. 938, affd. 259 N.Y. 655, 182 N.E. 222; Pauchogue Land Corp., v. Long Island State Park Commission, 243 N.Y. 15, 27, 152 N.E. 451, 454 reargument denied 243 N.Y. 542, 154 N.E. 597.)
Thus in our view of the case the 1962 statute alone constituted sufficient authority for the defendant Superintendent to make the appropriation. Neither his statements on the formal acquisition maps that the appropriation was made pursuant to earlier statutes which in themselves, as Special Term properly noted, would not have afforded sufficient bases for the exercise of his authority nor his references thereon to the purposes of the acquisition which did not follow the precise legislative language but obviously fell within its compass impaired or curtailed the powers conferred by the 1962 statute.
The factual averments of a complaint must be taken...
To continue reading
Request your trial
-
Orange County v. Metropolitan Transp. Authority
...R.R. Co., 67 N.Y. 227, 230; Sleepy Hollow Valley Committee v. McMorran, 27 A.D.2d 665, 276 N.Y.S.2d 649; City of Albany v. McMorran, 16 A.D.2d 1021, 1022, 230 N.Y.S.2d 438, 439; Cuglar v. Power Auth. New York State, 4 Misc.2d 879, 887, 163 N.Y.S.2d 902, 911, affd. 4 A.D.2d 801, 164 N.Y.S.2d......
-
Knight v. State of New York
...cf. City of Albany v. McMorran, 34 Misc.2d 304, 230 N.Y.S.2d 421 (Sup. Ct., Albany County) rev'd on other grounds, 16 A.D.2d 1021, 230 N.Y.S.2d 438 (3d Dep't 1962).4 The availability of this remedy eliminates the concern, which we voiced at argument, over a situation where a state took prop......
-
Reger v. National Ass'n of Bedding Mfrs. Group Ins. Trust Fund
...has no other life insurance' (Gregg, Group Life Insurance, supra, p. 71). 12 A.D.2d 665, 276 N.Y.S.2d 649; City of Albany v. McMorran, 16 A.D.2d 1021, 1022, 230 N.Y.S.2d 438, 440)' (Torrey Del. v. Chautauqua Truck Sales & Service, 47 A.D.2d 279, 282, 366 N.Y.S.2d 506, 509--510). The inquiry......
-
Levy v. Suny Stony Brook, 2019-06603
...conclusions drawn by the pleader nor [its] interpretation of the statutes [or contracts] involved" ( Matter of Albany, City of v. McMorran, 16 A.D.2d 1021, 1022, 230 N.Y.S.2d 438 ). Accordingly, "bare legal conclusion[s]" set forth in a petition, without more, are insufficient to state a va......