EGAN v. NIAGARA MOHAWK POWER CORP.


214 A.D.2d 850 (1995)

625 N.Y.S.2d 686

John C. Egan, as Commissioner of The New York State Department of Transportation, Appellant, v. Niagara Mohawk Power Corporation et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 20, 1995


Peters, J.

Defendant Niagara Mohawk Power Corporation (hereinafter Niagara Mohawk) and defendant New York Telephone Company (hereinafter NY Telephone) maintain various jointly owned utility poles on the right-of-way of State Route 7 in the Town of Rotterdam, Schenectady County. In 1990, the State Department of Transportation (hereinafter DOT) contracted for the improvement and upgrading of various portions...

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