New York Court of Appeals
Courtesy Sandwich Shop, Inc., Respondents v. Port of New York Authority, Appellants; Arthur J…
April 4, 196312 N.Y.2d 379
Summary
The New York Court of Appeals held that Chapter 209 of the 1962 Laws of New York, authorizing the Port Authority to condemn property for the World Trade Center project, is constitutional both under the New York Constitution and the United States Constitution, and that the statutory grant of eminent‑domain power to the Authority’s subsidiary is valid. The court reversed the Appellate Division orders and remanded for entry of a judgment affirming the statute’s validity. Justice Van Voorhis dissented, arguing the statute exceeds permissible public‑purpose takings.