Society of the New York Hospital v. Johnson

There should be an affirmance here for the reasons stated by the learned Justice at Special Term and for the following additional reasons:

The subsequent statutes (Highway Law, § 340-a, 340-b) confer upon the Superintendent of Public Works the plenary power to terminate the exemption created by the 1927 statute (L. 1927, ch. 659), and thereafter such exemption was expressly terminated when respondent duly exercised this power.

Prior to 1944 the State itself did not acquire the rights of way for its highways. Its policy was to vest in the counties such power and duty (Highway Law, § 30, [L.…