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MATTER OF DELAWARE CO. ELEC. COOP. v. CITY OF N. Y.

304 N.Y. 196 (1952)

In the Matter of Delaware County Electric Cooperative, Inc., Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 5, 1952

Attorney(s) appearing for the Case

Francisco Penberthy and Milton D. Nelson for appellant.

Denis M. Hurley, Corporation Counsel (Francis T. Murray, Seymour B. Quel and Robert E. Hugh of counsel), for respondents.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, FULD and FROESSEL, JJ., concur.

DYE, J.

By written lease dated December 13, 1945, the City of New York granted to the Delaware County Electric Cooperative, Inc., the right to construct and operate its electric transmission and distribution lines and appurtenances for a term of ten years, unless sooner terminated on ninety days' notice of cancellation, over lands it had acquired from the Delaware & Northern Railroad Company and no longer...

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