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HOFFMAN v. CAPITOL CABLEVISION

52 A.D.2d 313 (1976)

George W. Hoffman et al., Appellants, v. Capitol Cablevision System, Inc., Respondent

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

May 27, 1976

Attorney(s) appearing for the Case

Robert E. Heslin (Terrence F. Nieman of counsel), for appellants.

O'Connell & Aronowitz, P. C. (Neil H. Rivchin of counsel), for respondent.

Cohen & Berfield (Lewis I. Cohen of counsel), for New York State Cable Television Association, amicus curiae.

Joseph F. Cleary and Charles J. Tallent for Niagara Mohawk Power Corp., amicus curiae.

KOREMAN, P. J., SWEENEY, KANE and MAHONEY, JJ., concur.

LARKIN, J.

The plaintiffs are owners in fee of real property in Latham, New York. In 1954 their predecessors in title granted to the Niagara Mohawk Power Corporation and to the New York Telephone Company "their respective successors and assigns, the right, privilege and authority to construct, maintain, operate, repair and replace lines, consisting of poles, conduits, guys, guy stubs, crossarms, wires and appurtenances...

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