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  5. 47 N.Y.2d 954 (1979)
 

ONEIDA COUNTY MOBILE HOME SALES, INC. v. NIAGARA MOHAWK POWER CORP.

47 N.Y.2d 954 (1979)

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

Court of Appeals of the State of New York.

Decided July 3, 1979.

Attorney(s) appearing for the Case

Evalyn G. Basloe for appellant.

Stewart D. Pratt for plaintiffs-respondents.

Stephen L. Walthall for defendants-respondents.

Ruth B. Rosenberg, Paula M. Connelly and Gregory C. Staple for Rochester Telephone Corporation and another, amici curiae.

Alfred E. Froh and Lawrence W. Thomas for Orange and Rockland Utilities, Inc., amicus curiae.

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

MEMORANDUM.

The order of the Appellate Division should be modified, with costs against plaintiffs to defendants Auer only, by reversing that portion of the order which affirmed the grant of summary judgment dismissing the counterclaim of Niagara Mohawk Power Corp. against plaintiffs and remitting the action to Supreme Court, Oneida County, for further proceedings in accordance with this memorandum. Since there is no appeal...

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