 Loretto, on behalf of all property owners so situated, sued Manhattan Teleprompter for trespass and—insofar as Teleprompter relied on § 828—a taking without just compensation, and requested damages and injunctive relief; the City of New York intervened in the case.The New York Supreme Court upheld the constitutionality of the statute and rendered summary judgment for Manhattan Teleprompter, finding that non-crossover installations constituted a taking for which just compensation is due, but here the law served a legitimate public purpose there is no significant economic impact on expectations of investors, rejecting the theory that physical presence is "per se" a taking.The judgment was affirmed by the New York Court of Appeals.