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CONSOL. EDISON CO. v. STATE OF NEW YORK

276 A.D. 677 (1950)

Consolidated Edison Company of New York, Inc., Respondent, v. State of New York, Appellant. (Claim No. 29000.) New York Telephone Company, Respondent, v. State of New York, Appellant. (Claim No. 29001.) Brooklyn Union Gas Company, Respondent, v. State of New York, Appellant. (Claim No. 29002.)

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

May 3, 1950.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Daniel M. Cohen of counsel), for appellant.

Jacob H. Goetz and Henry S. Reeder for Consolidated Edison Company of New York, Inc., respondent.

Frank A. Fritz, Ralph W. Brown and Arthur C. Patterson, for New York Telephone Company, respondent.

Jackson A. Dykman and Edwin F. Russell, for Brooklyn Union Gas Company, respondent.

HEFFERNAN, BREWSTER, BERGAN and COON, JJ., concur.

FOSTER, P. J.

The State appeals from three orders of the Court of Claims which denied in each instance its motion to dismiss the claim of each respondent on the ground that the same did not state facts sufficient to constitute a cause of action. The claims are for certain relocation costs incurred by respondents in connection with a grade crossing elimination project...

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