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LONG IS. R.R. v. NORTHVILLE

41 N.Y.2d 455 (1977)

Long Island Rail Road Company, Appellant-Respondent, v. Northville Industries Corp., Respondent-Appellant.

Court of Appeals of the State of New York.

Decided March 24, 1977.

Attorney(s) appearing for the Case

David Cohen, Richard M. Sharfman, James A. Shanman and Charles I. Poret, New York City, for appellant-respondent.

Leonard H. Moche, Joseph J. Ackell and Harry A. Gottlieb, New York City, for respondent-appellant.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and FUCHSBERG concur; Judge WACHTLER taking no part.

COOKE, J.

As early as 1962, Northville Industries Corporation, then known as Northville Dock Corporation, had expressed its interest in acquiring a right of way along the trackage of the Long Island Rail Road Company for the installation of a pipeline for the transportation of fuel oil, and possibly gas, in connection with Northville's storage, terminal and docking facility at Riverhead, Long Island. This proposal...

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