ALGONQUIN GAS TRANSMISSION CO. v. E. W. REALTY CORP.


281 A.D. 898 (1953)

Algonquin Gas Transmission Company, Appellant, v. E. W. Realty Corporation, Respondent, et al., Defendants. (Proceeding No. 1.) Algonquin Gas Transmission Company, Appellant, v. Roy J. Garofano et al., Respondents. (Proceeding No. 2.) Algonquin Gas Transmission Company, Appellant, v. Emery Hill Realty Corp., Respondent. (Proceeding No. 3.) Algonquin Gas Transmission Company, Appellant, v. William Brown, Respondent. (Proceeding No. 4.) Algonquin Gas Transmission Company, Appellant, v. Fred Wagenpfeil, Jr., Individually and as Administrator of The Estate of Anna Wagenpfeil, Deceased, et al., Respondents. (Proceeding No. 5.) Algonquin Gas Transmission Company, Appellant, v. Victor A. Thomas, Respondent, et al., Defendants. (Proceeding No. 6.) Algonquin Gas Transmission Company, Appellant, v. Dorothy Rick, Respondent. (Proceeding No. 7.) Algonquin Gas Transmission Company, Appellant, v. Chester Rick, Respondent. (Proceeding No. 8.) Algonquin Gas Transmission Company, Appellant, v. Sidney Nathan et al., Respondents. (Proceeding No. 9.) Algonquin Gas Transmission Company, Appellant, v. Buchanan Trails, Inc., Respondent, et al., Defendants. (Proceeding No. 10.) Algonquin Gas Transmission Company, Appellant, v. Trail Extension, Incorporated, Respondent. (Proceeding No. 11.)

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

March 23, 1953.


Order granting reargument and on reargument adhering to original determination vacated, without costs.

Under the anomalous conditions herein in view of the public interests involved, the condemnation proceedings are maintainable by plaintiff even though, presently, it has no certificate of convenience and necessity. They were properly instituted, pursuant to section 4 of the Condemnation Law, at a time when plaintiff was possessed of such a certificate. They are primarily...

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