New York Court of Appeals

Niagara Falls Power Company, Respondent v. John White, Constituting the Water Power and Control Commission…

May 25, 1944292 N.Y. 472

Summary

The Court of Appeals affirmed the dismissal of the complaint, holding that the State had not consented to be sued for a declaratory judgment, that the complaint failed to state a cause of action for injunction, but that it did adequately plead a claim to real property under article 15 of the Real Property Law.