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  5. 56 N.Y.2d 881 (1982)
 

MATTER OF BROOKLYN UNION GAS CO. v. CITY OF NEW YORK

56 N.Y.2d 881 (1982)

In the Matter of Brooklyn Union Gas Company, Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 10, 1982.

Attorney(s) appearing for the Case

F. Peter O'Hara and Terry D. Weissman for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Morris Einhorn and Leonard Koerner of counsel), for respondents.

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

Order affirmed, with costs, on the reasoning of Justice LEONARD H. SANDLER'S opinion in Teleprompter Corp. v City of New York (82 A.D.2d 145), to which we add only that the conclusion there reached is strengthened in the present case by the express requirement in section 61 of the agreement between the city and petitioner's predecessor, New York and Richmond Gas Company, that on merger or consolidation of the predecessor, the successor...

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