Legal Opinion

New York State Thruway Authority v. Hurd

New York Supreme Court

Decided June 23, 1967PublishedCited by 3 opinions

1Opinion of the CourtBussell G. Hunt, J.

The defendant moves, pursuant to CPLB 3211 (subd. [a]), before answer, to dismiss the complaint herein upon the grounds that this court is without jurisdiction of the action and that the plaintiff does not have legal capacity to sue.

The action is for a judgment declaring the rights of the parties respecting liability for interest upon funds appropriated by the State to the Superintendent of Public Works for the construction of the Thruway, a public highway (Highway Law, art. 12-A; “ the New York state section of a national network of Blue Star memorial highways ”, § 346-a).

The matter of…

2Cases cited4 opinions

  1. New York Foreign Trade Zone Operators, Inc. v. State Liquor AuthorityNew York Court of Appeals · 1941
  2. Town of Ohio v. PeopleAppellate Division of the Supreme Court of the State of New York · 1942
  3. Western Transportation & Coal Co. of Michigan v. KilderhouseNew York Court of Appeals · 1882
  4. New York State Thruway Authority v. StateNew York Court of Claims · 1966

3Cited by3 opinions

  1. New York State Thruway Authority v. HurdNew York Court of Appeals · 1969
  2. New York State Thruway Authority v. HurdNew York Supreme Court · 1968
  3. New York State Thruway Authority v. StateNew York Court of Appeals · 1968

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