BRAMAN v. ROCHESTER GAS & ELEC


82 Misc.2d 639 (1975)

Harlan J. Braman, Plaintiff, v. Rochester Gas & Electric Corporation et al., Defendants.

Supreme Court, Monroe County.

June 23, 1975


Attorney(s) appearing for the Case

Forsyth, Howe, O'Dwyer & Kenyon (C. Benn Forsyth of counsel), for plaintiff. Nixon, Hargrave, Devans & Doyle (John B. Hood of counsel), for defendants.


MARSHALL E. LIVINGSTON, J.

This is a motion by plaintiff, Braman, in a trespass action to dismiss a counterclaim for inverse condemnation on the ground that it may not be properly interposed in this action or, in the alternative, for a severance and a separate trial on the trespass claim. The plaintiff also seeks a protective order against defendants' demand for a bill of particulars.

According to a survey submitted by Braman, he owns a parcel...

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