New York City Tunnel Authority v. Consolidated Edison Co. of New York, Inc.

Plaintiff, New York. City Tunnel Authority, a public benefit corporation, was created for the purpose of constructing the Queens Midtown Tunnel (L. 1936, ch. 1; Public Authorities Law, art. 3, tit. 6). In the construction of the approaches to the tunnel it was necessary to relocate certain public utility facilities maintained by defendants in public streets within the area of the approaches. This work was made neces sary because the grades of certain streets were changed and the street lines of others altered. Above and below the surface of these streets, defendants under their franchise…