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GATES v. AT&T CORP.

514026.

100 A.D.3d 1216 (2012)

956 N.Y.S.2d 589

2012 NY Slip Op 7923

DANIEL F. GATES, Respondent, v. AT&T CORPORATION, Defendant, and AMERICAN TOWERS, INC., Appellant.

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

November 21, 2012.

Garry, J.

Plaintiff owns real property in the Town of Sullivan, Madison County that has been in agricultural use for several generations. In 1949, plaintiff's predecessors in title conveyed part of this property to defendant AT&T Corporation for the construction of a communications tower, together with an easement and right-of-way over adjoining property for access to the tower. Pursuant to the parties' written agreement, AT&T constructed a paved road within...

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