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Washington Heights Optical, Inc. v. Port Authority

Appellate Division of the Supreme Court of New York, First Department
Feb 23, 2010
70 A.D.3d 574 (N.Y. App. Div. 2010)

Opinion

February 23, 2010.

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered July 27, 2009, which denied plaintiff's motion for a Yellowstone injunction, unanimously affirmed, without costs.

Before: Tom, J.P., Mazzarelli, Renwick, DeGrasse and Manzanet-Daniels, JJ.


Plaintiff brought this action to enjoin the Port Authority from terminating its lease ( First Natl. Stores v Yellowstone Shopping Ctr., 21 NY2d 630). The consent of the states of New York and New Jersey to suits against the Authority (McKinney's Uncons Laws of NY § 7101 [L 1950, ch 301, § 1]) does not extend to suits seeking to restrain or enjoin the Authority unless brought by the attorney general of either state (Uncons Laws § 7105 [L 1950, ch 301, § 5]) and the courts lack subject matter jurisdiction over this action ( see Matter of New York City Ch., Inc. of Natl. Elec. Contrs. Assn. v Fabber, 73 Misc 2d 859, 864, affd 41 AD2d 821; see also Matter of Lewis v Lefkowitz, 32 Misc 2d 434).

While Court of Claims Act § 8 provides an exception to immunity for state agencies acting in a propriety capacity ( see Miller v State of New York, 62 NY2d 506, 511), there is no analogous provision governing the Authority, a bistate agency resident in both jurisdictions (Uncons Laws § 7106 [L 1950, ch 301, § 6]).

In view of the foregoing, plaintiff's remaining arguments are academic.


Summaries of

Washington Heights Optical, Inc. v. Port Authority

Appellate Division of the Supreme Court of New York, First Department
Feb 23, 2010
70 A.D.3d 574 (N.Y. App. Div. 2010)
Case details for

Washington Heights Optical, Inc. v. Port Authority

Case Details

Full title:WASHINGTON HEIGHTS OPTICAL, INC., Appellant, v. THE PORT AUTHORITY OF NEW…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 23, 2010

Citations

70 A.D.3d 574 (N.Y. App. Div. 2010)
893 N.Y.S.2d 872