(Download) "Levi Easley v. New York State Thruway Authority" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Levi Easley v. New York State Thruway Authority
- Author : Court of Appeals of New York
- Release Date : January 07, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
[1 N.Y.2d 374 Page 376] The question is as to the validity of section 361-b of the Public Authorities Law, enacted in 1954, which confers exclusive
jurisdiction upon the Court of Claims to hear and determine all claims against the New York State Thruway Authority for alleged
torts or breaches of contract. The Thruway Authority is "a body corporate and politic constituting a public corporation" (Public
Authorities Law, 352) which performs part of the work of the State Government in building and maintaining a highway. It
cannot be doubted that this Authority is an arm or agency of the State. The closeness of its relationship (cf. Glassman v.
Glassman, 309 N. Y. 436, 441) to the State is illustrated by these situations among others: its members are appointed by the
Governor with the approval of the Senate, its statutory purposes are declared to be "in all respects for the benefit of the
people of the state", its functions are statutorily declared to be "governmental", its real property is held in the name of
the State, the State advanced the money for constructing the Thruway, the State's Public Works Department designed and supervised
the construction work, the legal services are performed by the Attorney-General, the Authority must annually report to the
Governor and Legislature, its funds are held by the State Comptroller, its bonds are guaranteed by the State pursuant to the
vote of the People, and, eventually, the Authority's properties will revert to the State itself (see Public Authorities Law,
art. 2, tit. 9; Highway Law, art. XII-A). Since the State as sovereign may assert, waive, or condition at will immunity from
suit for itself and its agents (see Matter of Brown v. Board of Trustees of Hamptonburg School Dist., 303 N. Y. 484, 489),
the Legislature could in creating the Thruway Authority have refused to waive [1 N.Y.2d 374 Page 377]
 "Levi Easley v. New York State Thruway Authority" by Court of Appeals of New York # eBook PDF Kindle ePub Free){kind=link}