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COLUMBIA GAS TRANSMISSION CORP. v. PERRY

No. 7:07-cv-5739 (WWE).

623 F.Supp.2d 409 (2008)

COLUMBIA GAS TRANSMISSION CORPORATION, Plaintiff, v. Lewis PERRY, Yoland Perry, Alexander Road Association, Inc., Anthony Vulpone, Estate of Anthony Vulpone, Robert Antalocy, Thomas Harris, Dolores A. Korz, John P. Kilduff, Kenneth Lee d/b/a "I Can Get It For You Wholesale," Sallie E. Harmon, Paul Ruggiero, Michelle Ruggiero, Terrance Donnary, Andrew Perna, Karen Perna, Robert McMahon, Carl McMahon, Kelvin M. Lewis, Marchelle Kirby, Jhon Gordon, Ruth Monroe, Edward R. Mateo, Rosann P. Mateo, Adam Doran, Nicole Doran, Credence Development Inc., Richard Delisi, Adelaide Faulkner, Paul Espel, Carol Espel, Dawn Fornoff, Richard Burton, Gary Marina, and John Doe No. "1" through "10", inclusive, the names of the last ten defendants being fictitious, the true names being unknown to plaintiff, the parties intended being those having an ownership interested in property affected by a certain easement described in the complaint, Defendants.

United States District Court, S.D. New York.

April 21, 2008.

Attorney(s) appearing for the Case

Scott Stephen McKessy, Reed Smith, LLP, Philadelphia, PA, Wallace Bryan Neel, Reed Smith, New York, NY, for Plaintiff.

Stuart E. Nahas, Zraick Nahas & Rich, New York, NY, for Defendants.

MEMORANDUM OF DECISION ON CROSS MOTIONS FOR SUMMARY JUDGMENT

WARREN W. EGINTON, Senior District Judge.

Plaintiff Columbia Gas Transmission Corporation commenced this action seeking declaratory relief establishing the scope of its rights pursuant to an easement on or near defendants' respective properties. Now pending before the Court are defendants' Motion for Summary Judgment (Doc. # 59)1 and plaintiffs Motion

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