Legal Opinion

Metropolitan Transportation Authority v. Village of Tuckahoe

New York Supreme Court

Decided October 7, 1971PublishedCited by 10 opinions

1Opinion of the CourtJohn C. Marbach, J.

The Metropolitan Transportation Authority is seeking to enjoin the Village of Tuckahoe from enforcing its building code as it would apply to the construction of a footbridge overpass connecting the new high level platforms above the Penn Central right of way located at the Crestwood station within the Village of Tuckahoe.

The village opposes on the grounds that the construction is in violation of section 8 of article VII of the New York State Constitution, which prohibits the gift or loan of State moneys to or in aid of private corporations. In this case, it is conceded that public moneys are…

2Cases cited2 opinions

  1. People v. Westchester County National BankNew York Court of Appeals · 1921
  2. Barney v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by10 opinions

  1. Tucker v. ToiaAppellate Division of the Supreme Court of the State of New York · 1976
  2. Western Regional Off-Track Betting Corp. v. Town of HenriettaNew York Supreme Court · 1974
  3. Dominianni v. Consolidated Rail Corp.Harrison Town Court · 1981
  4. CBS Outdoor, Inc. v. City of New YorkNew York Supreme Court · 2015
  5. People v. Long Island RailroadValley Stream Justice Court · 2014

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