PALLONE v. NEW YORK TEL. CO.


34 A.D.2d 1091 (1970)

Pat Pallone et al., Respondents, v. New York Telephone Company, Appellant. (Appeal No. 1.)

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

June 25, 1970


Judgment and order unanimously reversed on the law and facts, with costs and complaint dismissed.

Memorandum:

The defendant had unrecorded easements to place poles on certain property. The easements were in existence and poles were placed in plain view on the property prior to 1957, in which year it was purchased by the plaintiffs. They attempted upon the trial to prove that in 1965 or 1966 the defendant relocated the poles that were in the highway right of...

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