Hevesi v. Pataki

OPINION OF THE COURT

Lewis R. Friedman, J.

In this action plaintiff seeks to enforce a memorandum of understanding (MOU) entered into by Governor Cuomo with Mayor Koch arising out of the Westway project. The instant motion raises a serious question of whether under the New York City Charter the Comptroller has standing to bring this action after the Corporation Counsel has refused to do so.

There is no dispute at this time about the facts necessary to place the legal questions in perspective. In 1981 pursuant to approval of the Federal Highway Administration (FHWA) the State condemned certain…