Order modified: (a) by striking out so much of its decretal paragraph as granted plaintiff's motion, struck out the answer, and directed the entry of a summary judgment in plaintiff's favor; and (b) by substituting therefor a provision denying plaintiff's said motion. As so modified, order affirmed, without costs. The judgment is vacated.
The common-law duty of a utility to relocate its facilities at its own expense, when public convenience or necessity so requires...
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