City of New Rochelle v. State

Appeal from a judgment entered on a decision rendered after trial in the Court of Claims. The State has appropriated for the New England section of the Thruway a small parcel of land owned by the City of New Rochelle and used to maintain sewage and drainage facilities. An award has been made to the city by the Court of Claims. The issue is whether sewage and drainage is a governmental function of the city, in this case prior to the enactment of section 3 of the General Municipal Law, effective March 8, 1960, or whether it is a proprietary function, in which case compensation could be allowed.…