NEW YORK STATE ELEC. & GAS CORP. v. ALBERTI


40 A.D.2d 890 (1972)

New York State Electric & Gas Corporation, Appellant, v. Clyde E. Alberti, Respondent. (And One Other Action.)

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

November 1, 1972


The plaintiff, while seeking a permanent easement, is for all practical purposes taking the property in fee. The reservation of use for the benefit of the defendants could in reality be of little value. The plaintiff provides in the proposed easement little detail regarding the nature of the equipment to be installed and the structures to be erected. The location or number of poles, crossarms or towers, the height of wires or the depth of underground equipment, if any, are...

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