Appellate Division of the Supreme Court of New York, 1945

Staten Island Edison Corp. v. New York City Housing Authority

Staten Island Edison Corp. v. New York City Housing Authority
Appellate Division of the Supreme Court of New York · Decided November 19, 1945
269 A.D. 996; 58 N.Y.S.2d 427; 1945 N.Y. App. Div. LEXIS 4965
Staten Island Edison Corp. v. New York City Housing Authority

Opinion of the Court

Action for a declaratory judgment that the *997defendants are not entitled to the “ public building ” rate for electric energy furnished to a housing project in Staten Island and for a money judgment for the difference between the public building ” rate and the general service ” rate. Order denying plaintiff’s motion for judgment under rule 112 of the Buies of Civil Practice, and directing the entry of a judgment dismissing the complaint on the merits, and the judgment entered pursuant thereto, unanimously affirmed, with $10 costs and disbursements. The test is whether the purpose of the use is in furtherance of a public benefit. Here that purpose is to safeguard the “ entire public from the menace of the slums.” (Matter of N. Y. City H. Authority v. Muller, 270 N. Y. 333, 342.) The effectuation of this purpose being a public benefit under the pertinent statutes and cases, the buildings, owned and operated by the defendants and devoted to its accomplishment, are public buildings. Present — Close, P. J., Carswell, Johnston, Adel and Lewis, JJ. [184 Misc. 564.] [See post, p. 1050.]

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