N. Y. S. NATURAL GAS v. COUNTY OF ALBANY


47 Misc.2d 351 (1965)

New York State Natural Gas Corporation, Plaintiff, v. County of Albany, Defendant.

Supreme Court, Special Term, Albany County.

August 24, 1965


Attorney(s) appearing for the Case

Whalen, McNamee, Creble & Nichols (Charles E. Nichols of counsel), for plaintiff. John J. Clyne, County Attorney, for defendant.


T. PAUL KANE, J.

Plaintiff seeks to be reimbursed for expenses incurred to protect an easement in which one of its gas pipelines is located. Expenses were undisputably incurred as a result of the construction of a new road by defendant County of Albany, a portion of which crosses this previously existing pipeline. The defendant purchased its fee from plaintiff's grantor, subject, however, to plaintiff's easement previously acquired. In order to withstand...

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