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N. Y. S. GAS & ELEC. CORP. v. SWINGLE

39 Misc.2d 91 (1963)

New York State Gas & Electric Corp., Plaintiff, v. Frank Swingle et al., Defendants.

Supreme Court, Broome County.

April 26, 1963

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson (Paul C. Gouldin, Norman C. Frost and John A. Farrell of counsel), for plaintiff. Becker, Card & Scanlon (Philip Levy of counsel), for defendants.

ROBERT O. BRINK, J.

This is a motion pursuant to rule 106 of the Rules of Civil Practice in which the defendants, Frank and Helga Swingle, move to dismiss the complaint of the plaintiff, New York State Electric & Gas Corp., for failure to state a cause of action.

The complaint alleges that the plaintiff acquired a right of way granting it the right to construct, operate and maintain an electrical transmission and distribution line over certain...

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