Castaways Motel v. Schuyler

Memorandum. On reargument following the court’s order allowing the Power Authority of the State of New York to intervene as a respondent on the appeal, facts have been adduced which on the merits would authorize the court at Special Term to dismiss the petition.

Those facts, of course, were not before the court on the prior appeal when the court was required to accept the allegations of the petition in their most favorable aspect in passing on its sufficiency. The court adheres to its prior determination that the proceeding was timely; that the Power Authority is not a •necessary party; and…