TN. MASSENA v. NIAGARA MOHAWK


60 A.D.2d 139 (1977)

Town of Massena, Appellant, v. Niagara Mohawk Power Corporation, Respondent

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

December 15, 1977


Attorney(s) appearing for the Case

Duncan, Brown, Weinberg & Palmer, P. C. (Frederick D. Palmer and Wallace L. Duncan of counsel), and Lavigne & Nicandri (Eugene L. Nicandri of counsel), for appellant.

Fisher & Hughes (Bryan J. Hughes of counsel), Lauman Martin and Shea, Gould, Climenko & Casey (Milton S. Gould of counsel), for respondent.

GREENBLOTT, J. P., MAIN and LARKIN, JJ., concur with HERLIHY, J.; MAHONEY, J., dissents and votes to affirm in an opinion.


HERLIHY, J.

As a preliminary matter it is noteworthy that a trial was held herein by stipulation of the parties to present evidence on both the issues of condemnation and temporary possession of property belonging to the respondent. It is solely those issues which are before the court upon this appeal.

On April 16, 1974, the plaintiff, an incorporated municipality, adopted a resolution...

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