LUBELLE v. ROCHESTER GAS & ELEC.


21 A.D.2d 369 (1964)

Jack G. Lubelle et al., Appellants, v. Rochester Gas & Electric Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 25, 1964.


Attorney(s) appearing for the Case

Lubelle & Friedman (Jerry R. Greenfield of counsel), for appellants.

Nixon, Hargrave, Devans & Doyle (William H. Morris and Albert L. Beswick of counsel), for respondent.

WILLIAMS, P. J., GOLDMAN, HENRY, NOONAN and DEL VECCHIO, JJ., concur.


Per Curiam.

This appeal presents the question of compensation for the creation of an alleged additional burden upon the fee of adjoining landowners where a public utility lays a gas main completely within a public highway. Plaintiffs appeal from an order of Special Term which granted defendant-respondent's motion for summary judgment in an action where appellants sought to enjoin respondent from continuing to maintain...

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