New York Court of Appeals
New York City Tunnel Authority, Appellant v. Consolidated Edison Company of New York, Inc., Respondents, Et…
July 23, 1946295 N.Y. 467
Summary
The New York Court of Appeals reversed the Appellate Division and granted the New York City Tunnel Authority’s motion for summary judgment, holding that the utility companies must reimburse the Authority for the costs of relocating their facilities. The Court reasoned that the Authority is a public benefit corporation performing an essential governmental function, and thus the common‑law rule that utilities bear relocation costs when public convenience requires applies.