DREIER, J.S.C.
Plaintiff's motion for summary judgment presents the court with a novel issue: When the private owner of a vacated public street calls upon a private water company to remove pipes which its predecessor had installed in the street bed, must the water company remove the pipes and, if so, who must bear the cost? This court holds that under the facts of the instant case the water company must both remove its pipes and bear the cost of the removal.
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