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  5. 17 N.Y.2d 352 (1966)
 

HEYERT v. ORANGE & ROCKLAND UTILS.

17 N.Y.2d 352 (1966)

Leona Heyert, Respondent, v. Orange and Rockland Utilities, Inc., Appellant.

Court of Appeals of the State of New York.

Decided June 2, 1966.

Attorney(s) appearing for the Case

Cameron F. MacRae, David H. Moses and Carl D. Hobelman for appellant.

Jesse I. Etelson for respondent.

Nixon, Hargrave, Devans & Doyle for Rochester Gas and Electric Corporation, amicus curiæ.

G. Wallace Bates, Saul Scheier and Robert Luce Donohue for New York Telephone Company, amicus curiæ.

Morrell S. Lockhart, Theodore J. Carlson and M. Wade Kimsey for Central Hudson Gas & Electric Corporation, amicus curiæ.

Edward F. Huber and Norman C. Frost for New York State Electric & Gas Corporation, amicus curiæ.

Edward M. Barrett, Edward J. Walsh, Jr., and Ira L. Freilicher for Long Lsland Lighting Company, amicus curiæ.

Judges FULD, BURKE and SCILEPPI concur with Judge VAN VOORHIS; Judge KEATING concurs in a separate opinion; Chief Judge DESMOND dissents and votes to reverse in an opinion in which Judge BERGAN concurs.

VAN VOORHIS, J.

Plaintiff, who owns property on East Willow Tree Road in the Town of Ramapo, Rockland County, sued to compel the defendant to remove a gas main installed beneath the highway and maintained under a franchise granted by the Town Board. Defendant moved for summary judgment dismissing the complaint, or, in the alternative, for an order fixing plaintiff's damages, if any, and requiring plaintiff to...

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