Appellate Division of the Supreme Court of New York, 1946

City of New York v. Terminal Bag & Burlap Corp.

City of New York v. Terminal Bag & Burlap Corp.
Appellate Division of the Supreme Court of New York · Decided June 28, 1946
270 A.D. 1015; 63 N.Y.S.2d 834; 1946 N.Y. App. Div. LEXIS 5143
City of New York v. Terminal Bag & Burlap Corp.

Opinion of the Court

The decision of the Court of Appeals in A. E. E.’s, Inc., v. City of New York (295 N. Y. 381), while holding the complaint therein sufficient also held that the concessions involved were wharf property within the statute (L. 1945, ch. 314). By comparison the premises here are clearly wharf property and likewise within the exception in the statute. Motion for leave to appeal to the Court of Appeals or for reargument denied, with $10 costs and stay vacated. Present — Martin, P. J., Townley, Glennon, Callahan and Peck, JJ. [See ante, p. 932.]

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