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AIRCO DIV. v. NIAGARA MOHAWK

65 A.D.2d 378 (1978)

Airco Alloys Division, Airco, Inc., et al., Respondents, v. Niagara Mohawk Power Corporation et al., Appellants

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

December 15, 1978

Attorney(s) appearing for the Case

Jaeckle, Fleischmann & Mugel (John H. Stenger of counsel), for Niagara Mohawk Power Corporation, appellant.

Lewis R. Bennett (Vito J. Cassan, Stephen D. Finale and Vincent J. Tobin of counsel), for Power Authority, appellant.

Hodgson, Russ, Andrews, Woods & Goodyear (Victor Fuzak of counsel), for respondents.

Aular & Woodbury (Robert Woodbury of counsel), for Carborundum Corp., intervenor-respondent.

CARDAMONE, J. P., DILLON and WITMER, JJ., concur.

SCHNEPP, J.

This is an appeal from an order at Special Term denying motions of Niagara Mohawk Power Corporation ("Niagara Mohawk") and Power Authority of the State of New York ("PASNY") to dismiss the complaint or in the alternative to stay all further proceedings. Plaintiffs, major industrial facilities in western New York and purchasers of electric power from Niagara Mohawk, who claim rights as third-party...

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