From Casetext: Smarter Legal Research

Mathewson v. New York State Thruway Authority

Court of Appeals of the State of New York
Apr 27, 1961
9 N.Y.2d 788 (N.Y. 1961)

Summary

In Mathewson v. New York State Thruway Auth. (9 N.Y.2d 788) the People of the Village of Pelham Manor in Westchester County sought an injunction in Supreme Court enjoining the Thruway Authority from permitting use of the Thruway by trucks, buses and tractor-trailers through the village during the hours between 8 o'clock in the evening and 8 o'clock in the morning.

Summary of this case from Town of Amherst v. Niagara Port Auth

Opinion

Argued March 1, 1961

Decided April 27, 1961

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, SAMUEL W. EAGER, J.

Timothy J. Mahoney for appellants.

Louis J. Lefkowitz, Attorney-General ( Julius L. Sackman and Paxton Blair of counsel), for respondent.


Judgment affirmed, without costs, upon the authority of Benz v. New York State Thruway Auth. ( 9 N.Y.2d 486), decided herewith. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.


Summaries of

Mathewson v. New York State Thruway Authority

Court of Appeals of the State of New York
Apr 27, 1961
9 N.Y.2d 788 (N.Y. 1961)

In Mathewson v. New York State Thruway Auth. (9 N.Y.2d 788) the People of the Village of Pelham Manor in Westchester County sought an injunction in Supreme Court enjoining the Thruway Authority from permitting use of the Thruway by trucks, buses and tractor-trailers through the village during the hours between 8 o'clock in the evening and 8 o'clock in the morning.

Summary of this case from Town of Amherst v. Niagara Port Auth
Case details for

Mathewson v. New York State Thruway Authority

Case Details

Full title:DOUGLAS E. MATHEWSON et al., Appellants, v. NEW YORK STATE THRUWAY…

Court:Court of Appeals of the State of New York

Date published: Apr 27, 1961

Citations

9 N.Y.2d 788 (N.Y. 1961)
215 N.Y.S.2d 86
174 N.E.2d 754

Citing Cases

Town of Amherst v. Niagara Port Auth

The Court of Appeals held in Easley v. New York State Thruway Auth. ( 1 N.Y.2d 374) and Benz v. New York…

Town of Amherst v. Niag. Front. Auth

In an opinion ( 38 Misc.2d 906, 908, 909) it concluded that defendant "was created by the State; it is part…