Kaskel v. Impellitteri

The basis for upholding the constitutionality of this statute (General Municipal Law, § 72-k), as outlined in this dissenting opinion, has been approved and adopted in the majority opinion written by Judge Desmond. This court is unanimously of the opinion that municipal funds can legally be spent to acquire real estate by condemnation for slum clearance, but the money authorized to be spent by this statute has to be used for slum clearance and not mainly for some other public purpose, however commendable such other purpose may be. If the purpose of this project is not primarily slum…