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MATTER OF DELAWARE CO. ELEC COOP. v. CITY OF N. Y.

278 A.D. 526 (1951)

In the Matter of Delaware County Electric Cooperative, Inc., Respondent, v. City of New York et al., Appellants, and Frederick W. Loomis et al., as Commissioners of Appraisal, Respondents

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

June 29, 1951.

Attorney(s) appearing for the Case

John P. McGrath, Corporation Counsel of the City of New York (Robert E. Hugh and Francis T. Murray, of counsel), for appellants.

Rudd, Penberthy & Nelson (Francisco Penberthy and Milton D. Nelson of counsel), for respondent.

FOSTER, P. J., BREWSTER and BERGAN, JJ., concur;

HEFFERNAN, J.

This is an appeal from an order under article 78 of the Civil Practice Act in the nature of mandamus which adjudicated that the release provisions contained in a lease to petitioner of certain property of the City of New York applied only to claims against the city in respect to petitioner's electric light and power lines on the leased property and directed the City of New York, its board of water...

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