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CY FARMS, LLC v. NEW YORK STATE ELECTRIC & GAS CORPORATION

5 A.D.3d 1007 (2004)

773 N.Y.S.2d 638

CY FARMS, LLC, Respondent-Appellant, v. NEW YORK STATE ELECTRIC & GAS CORPORATION, Appellant-Respondent.

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

March 19, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of the cross motion with respect to the third amended complaint insofar as it may be read to allege that plaintiff has rights under the instrument of easement as an assign of or a successor to the landowner and reinstating the third amended complaint to that extent and as modified the order is affirmed without costs.

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