ERIE COUNTY WATER AUTH. v. WESTERN NEW YORK WATER CO.


281 A.D. 1070 (1953)

Erie County Water Authority, Respondent, v. Western New York Water Company, Appellant

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

May 13, 1953.


Motion to dismiss appeal denied.

Memorandum:

The order from which the appeal is taken denies appellant's preliminary motion to dismiss the petition in a condemnation proceeding wherein respondent is seeking to condemn the entire assets, including both real and personal property of the appellant, a public utility corporation. The attack upon the petition having been made before the joinder of issue, and upon the ground, inter alia, that the County Court...

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