Salzman v. Impellitteri

CourtNew York Court of Appeals
Citation305 N.Y. 414
PartiesPauline Salzman, Appellant,<BR>v.<BR>Vincent R. Impellitteri, as Mayor of The City of New York, et al., Appellants, et al., Defendants, and Nathaniel L. Goldstein, as Attorney-General of The State of New York, Intervener, Respondent.
Decision Date05 June 1953

305 N.Y. 414

Pauline Salzman, Appellant,
v.
Vincent R. Impellitteri, as Mayor of The City of New York, et al., Appellants, et al., Defendants, and Nathaniel L. Goldstein, as Attorney-General of The State of New York, Intervener, Respondent.

Argued May 29, 1953.Decided June 5, 1953


Herman Katz, Louis A. Cioffi and Edward S. Blackstone for Pauline Salzman, appellant.

Denis M. Hurley, Corporation Counsel (W. Bernard Richland, Pauline K. Berger and Barbara Carroll of counsel), for Vincent R. Impellitteri and another, appellants.

Nathaniel L. Goldstein, Attorney-General, in person (Wendell P. Brown and Ruth Kessler Toch of counsel), for intervener-respondent.

LEWIS, Ch. J., CONWAY, DESMOND, FULD, FROESSEL and VAN VOORHIS, JJ., concur in Per Curiam opinion; DYE, J., dissents in opinion.

[305 N.Y. 420]

Per Curiam.

This is a taxpayer's action to enjoin the City of New York from entering into any kind of agreement with the New York City Transit Authority pursuant to chapters 200-208 of the Laws of 1953, and for a declaratory judgment determining that no transaction which those statutes purport to authorize can be executed due to their alleged unconstitutionality. The action was begun before any lease or other form of agreement had been made between the city and the Transit Authority respecting the subways; indeed, before the members of the Authority had been appointed.

The statutes in question are permissive only, in a field in which the State is concerned. Under these circumstances, and assuming that any transfer will not be by absolute conveyance, but by a lease of limited term with reversion to the city, we cannot say that the legislation is on its face unconstitutional. Whether it would be constitutional without those concomitants need not now be decided. Arguments addressed to policy are not within our province. Whether the statutes will be constitutionally applied, or whether other constitutional questions, not now foreseeable, will arise, we cannot know in advance. Such problems, if any, must be dealt with when presented.

The judgment should be modified in accordance with this opinion and, as so modified, affirmed, without costs.

DYE, J. (dissenting).

I agree that a justiciable controversy exists, which has not been rendered moot, by the execution of the lease between the city and the Transit Authority and that we may, accordingly, deal with the problem on its merits. A majority of this court is about to decide that the Transit Authority...

To continue reading

Request your trial
17 practice notes
  • City of Amsterdam v. Helsby
    • United States
    • United States Court of Appeals (New York)
    • 5 Junio 1975
    ...localities to act with respect to their own 'property, affairs or government' should be construed narrowly. (See Salzman v. Impellitteri, 305 N.Y. 414, 113 N.E.2d 543; County Securities v. Seacord, 278 N.Y. 34, 15 N.E.2d 179; Adler v. Deegam, 251 N.Y. 467, 167 N.E. 705.) In the Adler case, ......
  • Glen v. Rockefeller
    • United States
    • United States State Supreme Court (New York)
    • 12 Enero 1970
    ...or without a public hearing (see Salzman v. Impellitteri, 203 Misc. 486, 124 N.Y.S.2d 369, aff'd 281 App.Div. 1023, 122 N.Y.S.2d 787, mod. 305 N.Y. 414, 113 N.E.2d 543). Petitioners' constitutional argument regarding 'due process of law', in my opinion, also lacks merit. It may be noted tha......
  • New York Mobile Homes Ass'n v. Steckel
    • United States
    • United States Court of Appeals (New York)
    • 27 Abril 1961
    ...37 S.Ct. 70, 72, 61 L.Ed. 145.' Headley v. City of Rochester, 272 N.Y. 197, 204, 5 N.E.2d 198, 201. Moreover, in Salzman v. Impellitteri, 305 N.Y. 414, 420, 113 N.E.2d 543, a taxpayer's action to enjoin the City of New York from entering into an agreement with the Transit Authority, and for......
  • Fifth Ave. Coach Lines, Inc. v. City of New York
    • United States
    • United States Court of Appeals (New York)
    • 17 Mayo 1962
    ...proof, the court must assume that the municipal authorities are not about to defy a constitutional mandate (see Salzman v. Impellitteri, 305 N.Y. 414, 113 N.E.2d 543). However, since the complaint is not being dismissed, the plaintiffs are not being deprived of any opportunity to prove thei......
  • Request a trial to view additional results
17 cases
  • City of Amsterdam v. Helsby
    • United States
    • New York Court of Appeals
    • 5 Junio 1975
    ...localities to act with respect to their own 'property, affairs or government' should be construed narrowly. (See Salzman v. Impellitteri, 305 N.Y. 414, 113 N.E.2d 543; County Securities v. Seacord, 278 N.Y. 34, 15 N.E.2d 179; Adler v. Deegam, 251 N.Y. 467, 167 N.E. 705.) In the Adler case, ......
  • Glen v. Rockefeller
    • United States
    • United States State Supreme Court (New York)
    • 12 Enero 1970
    ...or without a public hearing (see Salzman v. Impellitteri, 203 Misc. 486, 124 N.Y.S.2d 369, aff'd 281 App.Div. 1023, 122 N.Y.S.2d 787, mod. 305 N.Y. 414, 113 N.E.2d 543). Petitioners' constitutional argument regarding 'due process of law', in my opinion, also lacks merit. It may be noted tha......
  • New York Mobile Homes Ass'n v. Steckel
    • United States
    • New York Court of Appeals
    • 27 Abril 1961
    ...37 S.Ct. 70, 72, 61 L.Ed. 145.' Headley v. City of Rochester, 272 N.Y. 197, 204, 5 N.E.2d 198, 201. Moreover, in Salzman v. Impellitteri, 305 N.Y. 414, 420, 113 N.E.2d 543, a taxpayer's action to enjoin the City of New York from entering into an agreement with the Transit Authority, and for......
  • Fifth Ave. Coach Lines, Inc. v. City of New York
    • United States
    • New York Court of Appeals
    • 17 Mayo 1962
    ...proof, the court must assume that the municipal authorities are not about to defy a constitutional mandate (see Salzman v. Impellitteri, 305 N.Y. 414, 113 N.E.2d 543). However, since the complaint is not being dismissed, the plaintiffs are not being deprived of any opportunity to prove thei......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT