McNEARY, III v. NIAGARA MOHAWK POWER CORPORATION


286 A.D.2d 522 (2001)

728 N.Y.S.2d 840

WILLIAM J. McNEARY, III, as Trustee for the Grande Trust, Respondent, v. NIAGARA MOHAWK POWER CORPORATION, Appellant.

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

Decided August 2, 2001.


Cardona, P. J.

Plaintiff is the trustee of the "Grande Trust" which owns, inter alia, certain property housing several businesses in the City of Saratoga Springs, Saratoga County, in area commonly known as the Saratoga Industrial Park (hereinafter the Park). Portions of the property are subject to easements granted to defendant, a public utility. The easements permit defendant to construct and maintain electric transmission and distribution facilities located...

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