Tenneco, Inc. v. Central New York Railroad

Order unanimously affirmed, with costs. Memorandum: Special Term, in granting plaintiff’s motion to dismiss affirmative defenses contained in defendant’s answer, properly determined their lack of merit. Defendant’s first affirmative defense, alleging plaintiff’s lack of authority to condemn property which is being used for public purpose, cannot be sustained. It is a generally acknowledged principle that lands taken by condemnation or acquired by purchase for public use should not be taken for another public use unless the reasons therefor are special, unusual and peculiar. Nevertheless,…