New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-26
Lengthy | litigation Pre-
dicted by Both Fac
tons in Fight
HARDY TO CARRY
HIS CASE HIGHER
Decision on Injunction
Monday to Mark Start
of the Struggle

Al least one more year Of litigation
before any settlement Of the proposed
New York Central Riverside Drive'con-
.rset is reached was predicted yester-
6ay when both sides in the controversy
announced that they would carry the
fcht to the Supreme Court.
Should the railroads business and
,be city's population increase at their
nresent rates for the next ten years,
lawyers for the road said that the plan
would have been outgrown before it
could be taken from the courts and
worked out by their contractors.
Plans 60 take the case TO the higher
courts became evident during the after
noon. when the injunction proceedings
instituted by the Society for the Pre-
yention Of Municipal Waste to prevent
the city from entering into the pro-
posed contract were called for argu-
ment before Justice Cropsey in the
Supreme Court in Kings County.
Requests Continuance
Lamar Hardy, Corporation Counsel,
asked for a continuance until next
Monday to arrange an answer to all
the objections. Incidentally he said
that he was preparing his reply that he
might use the material in carrying the
case 90 the highest court.
Lawyers for former State Senator
William NJ. Bennett, complainant in the
Injunction proceedings, agreed to this
and announced that they would be glad
70 make the test before the higher
tribunal. 1t is generally believed that
the decision next Monday as TO whether
the present temporary injunction
against the city is to become perma-
nent will be only the beginning of the
long drawn out court fight, regardless
Of the result.
Mr.. Bennett added numerous other
objections TO the plan, chief among
which was the assertion that the city
was buying some of its own land from
the railroad-and at a high figure.
"The deed just made public apparent
y confirms the charge repeatedly made
that the city is purchasing its own land
from the road, since the road seems un-
able TO give ample title on its own &C
count" he said. Under this deed the
railroad warrants the title to only a
small part of the land, giving a quit
claim deed for most
Says City Is Losing
He added that the waterfront rights
being transferred to the railroad were
valued at Sl,000,000; that the rail-
road would certainly regard it as worth
that much if government ownership Of
railroads in the future should cause it
70 name any value for the concession.
But the city, he explained, was not
only receiving nothing for this conces-
sion. but actually was paying the rail-
road for taking IL.
Corporation Counsel Hardy is pre-
pairing to produce figures and charts
showing that the valuations placed
upon concessions being mace to the
city are Of far greater. amounts than
hose being acquired by the railroad
under the pending contract. Not only
The objections made by Mr.. Bennett,
but those made by the numerous other
organizations that are fighting the plan,
viii be answered in the arguments TO
be presented by the city's representa-
lives Monday.
Meanwhile arrangements for the
hearings 10 be held before the Board
of Estimate in February are being car
iied on. The court proceedings here
and IN higher courts, it was explained,
would not interfere with these hear
.ngs