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MASSENA v. NIAGARA MOHAWK

45 N.Y.2d 482 (1978)

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

Court of Appeals of the State of New York.

Decided October 31, 1978.

Attorney(s) appearing for the Case

Milton S. Gould, Bryan J. Hughes and Lauman Martin for appellant.

Frederick D. Palmer, Wallace L. Duncan and James D. Pembroke, of the Washington, D. C. Bar, admitted on motion pro hac vice, and Eugene L. Nicandri for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

This case is another episode in the controversy over the supply of public utility services as between a municipal corporation and a privately owned public utility. We voice no policy preference but determine the rights of these parties under article 14-A of the General Municipal Law.

The scenario is laid in the northern reaches of our State. The combatants are the Town of Massena in St. Lawrence...

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