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MOBILE HOME v. NIAGARA MOHAWK

63 A.D.2d 385 (1978)

Oneida County Mobile Home Sales, Inc., et al., Respondents-Appellants, v. Niagara Mohawk Power Corporation, Appellant-Respondent; John J. Auer et al., Respondents

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

July 13, 1978

Attorney(s) appearing for the Case

Basloe, Basloe & Gallagher (Evalyn G. Basloe of counsel), for appellant-respondent.

Roberts & Pratt (Stewart Pratt of counsel), for respondents-appellants.

Penberthy & Kelly (Frank J. Nebush, Jr., of counsel), for Marguerite Auer, respondent.

Michael P. De Santis for John J. Auer, respondent.

HANCOCK, JR., and WITMER, JJ., concur with CARDAMONE, J. P.; DENMAN, J., not participating; SIMONS, J., dissents and votes to reverse the judgment and deny the motion in an opinion.

CARDAMONE, J. P.

We must decide on this appeal who is to pay the $7,100 cost of relocating power lines in plaintiff's mobile home park so as to eliminate a hazardous condition created by the lines passing over mobile homes.

The parties to this declaratory judgment action are plaintiffs, Oneida County Mobile Home Sales, Inc. and its president Douglas H. Burrows, Sr., who are the present owners of the mobile...

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