Ordered that the judgment is reversed, with costs, and the matter is remitted to the Supreme Court, Dutchess County, for a hearing limited to the issues raised in the third affirmative defense in the answer and the general denials of paragraphs 2 and 3 of the petition as set forth in paragraph 2 of the answer, and for a new determination based upon a resolution of those issues.
The petitioner condemnor holds a license from the Federal Energy Regulatory Commission...
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