MTR. OF NIAGARA MOHAWK POWER v. DEYLE


31 Misc.2d 993 (1961)

In the Matter of Niagara Mohawk Power Corporation, Petitioner, v. Frank Deyle et al., Respondents.

Supreme Court, Herkimer County.

October 2, 1961


Attorney(s) appearing for the Case

Herman B. Noll and Irving M. Basloe for petitioner. Fred J. O'Donnell for respondents.


J. ROBERT LYNCH, J.

The petitioner by this petition seeks an order of condemnation and further seeks that an order "be made that the petitioner-plaintiff be permitted to continue in possession of the real property" of the respondents across which it has already constructed one power line and intends constructing another.

Sometime prior to August, 1959, the respondent husband and wife signed an "easement...

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