CONSOL. GAS SUPPLY CORP. v. MATULA


36 N.Y.2d 790 (1975)

Consolidated Gas Supply Corporation, Appellant, v. Anthony P. Matula et al., Respondents.

Court of Appeals of the State of New York.

Decided April 3, 1975.


Attorney(s) appearing for the Case

Condon A. Lyons and George H. Barber for appellant.

Alexander Grasso for respondents.

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and COOKE. Judge JASEN dissents and votes to reverse in the following opinion in which Judge FUCHSBERG concurs.


Order affirmed, with costs, on the memorandum at the Appellate Division.

JASEN, J. (dissenting).

I dissent and vote to reverse the order of the Appellate Division holding that there is a conflict between the handwritten and the printed provisions of the contract.

The contract grants to the appellant gas company, for a consideration, a right of way "to lay, maintain, operate, change and remove pipe lines" on the parcel of land owned by...

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