In the Matter of PARMINDER KAUR et al., Petitioners,
v.
NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Doing Business as EMPIRE STATE DEVELOPMENT CORPORATION, Respondent.
In the Matter of TUCK-IT-AWAY, INC., et al., Petitioners,
v.
NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Doing Business as EMPIRE STATE DEVELOPMENT CORPORATION, Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 3, 2009.
Decided December 3, 2009.
Attorney(s) appearing for the Case
Goldberg Weprin Finkel Goldstein LLP, New York City (David L. Smith of counsel), for Parminder Kaur and others, petitioners.
Norman Siegel, New York City, McLaughin & Stern, LLP, New York City (Steven J. Hyman of counsel), and Philip Van Buren, New York City, for Tuck-It-Away petitioners.
Carter Ledyard & Milburn LLP, New York City (John R. Casolaro, Joseph M. Ryan, Susan B. Kalib, Victor J. Gallo and Theodore Y. McDonough of counsel), and Sive Paget & Riesel, P.C., New York City (Mark Chertok and Dan Chorost of counsel), for respondent.
NARDELLI, J., concurs with CATTERSON, J.; RICHTER, J., concurs in a separate opinion; TOM, J.P., and RENWICK, J., dissent in a separate opinion by TOM, J.P.
Appellate Division of the Supreme Court of New York, First Department.
OPINION OF THE COURT
CATTERSON, J.
"`An ACT of the Legislature (for I cannot call it a law) contrary to the great first principles of the social compact, cannot be considered a rightful exercise of legislative authority ... A few instances will suffice to explain what I mean ... [A] law that takes property from A. and gives it to B: It is against all reason and justice, for a people to entrust a Legislature with...
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