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CLARK v. STATE OF NEW YORK

20 A.D.2d 182 (1964)

Ernest L. Clark, Respondent, v. State of New York et al., Appellants. (Claim No. 37203.) Frank P. Thom et al., Respondents-Appellants, v. State of New York et al., Appellants-Respondents. (Claim No. 37940.) First National City Trust Company, as Trustee for John J. Astor and Others, Respondent-Appellant, v. State of New York et al., Appellants-Respondents. (Claim No. 37993.)

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

January 9, 1964.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman of counsel), for State of New York, appellant.

Thomas F. Moore, Jr. (Edward L. Ryan and Lewis R. Bennett of counsel), for Power Authority, appellant.

Francis Preston (Louis Young of counsel), for respondent.

Melvin & Melvin (Louis Young of counsel), for Frank P. Thom and another, respondents-appellants.

WILLIAMS, P. J., HENRY and NOONAN, JJ., concur.

BASTOW, J.

The appellant, Power Authority of the State of New York (herein "Authority"), as a part of its Niagara Power Project has constructed a transmission line for some 200 miles from Niagara Falls to Utica. The towers upon which the lines are strung are an average of 790 feet apart and the wires or cables are a minimum of 32 feet above the ground. In the construction of this line easements were appropriated...

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