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MTR. OF ROCHESTER v. G & E CORP.

54 Misc.2d 855 (1967)

In the Matter of City of Rochester, Petitioner, v. Rochester Gas and Electric Corporation, Respondent.

Supreme Court, Trial Term, Monroe County.

September 22, 1967

Attorney(s) appearing for the Case

John R. Garrity, Corporation Counsel (David Schoenberg and Charles Coppobianco of counsel), for petitioner. Nixon, Hargrave, Devans & Doyle (Ernest Ierardi of counsel), for respondent.

MARVIN R. DYE, J.

The Rochester Gas & Electric Corporation (hereinafter R G & E) has challenged the right of the City of Rochester to condemn certain real property owned by it, on the ground that such property is already being devoted to a "public use". A trial without a jury has been had pursuant to an order of severance made and entered at Special Term, Supreme Court, Monroe County [LAMBIASE, J.] under date of December 11, 1965, at which time...

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