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ALGONQUIN GAS TRANSMISSION CO. v. SCHWARTZ

206 Misc. 437 (1954)

Algonquin Gas Transmission Company, Plaintiff, v. Frances L. Schwartz et al., Defendants.

Supreme Court, Special Term, Westchester County.

May 26, 1954.

Attorney(s) appearing for the Case

James A. Delehanty for defendants.

David Moses for plaintiff.

EAGER, J.

In this condemnation proceeding, we have here a motion by the defendant owners to examine the petitioning gas transmission company as an adverse party before trial. The petitioner-plaintiff contends firstly that pretrial examinations are not authorized nor properly to be allowed in condemnation proceedings. The court disagrees. It is settled that a condemnation proceeding is a special proceeding within...

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