JOSS v. NIAGARA MOHAWK POWER CORP.


41 A.D.2d 596 (1973)

Frieda Joss, Individually and as Administratrix of The Estate of Fred Joss, Deceased, Appellant, v. Niagara Mohawk Power Corporation et al., Respondents

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

January 18, 1973


Judgment unanimously reversed, with costs, and motion denied.

Memorandum:

Since 1959 the respondent Niagara Mohawk Power Corporation has acquired from appellant rights of way and easements over appellant's land to erect and maintain power transmission lines. The indenture of easement contains language which permits respondent to "build, rebuild, relocate, operate, repair, maintain and at its pleasure remove two electric lines, including such poles, towers...

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