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NIAGARA MOHAWK POWER CORP. v. ALLIED HEALTHCARE PRODUCTS, INC.

521430.

137 A.D.3d 1539 (2016)

29 N.Y.S.3d 568

2016 NY Slip Op 02504

NIAGARA MOHAWK POWER CORPORATION, Doing Business as NATIONAL GRID, Appellant, v. ALLIED HEALTHCARE PRODUCTS, INC., Respondent, and ALBANY ENGINEERING CORPORATION, Appellant.

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

Decided March 31, 2016.

The case before us deals with the continued viability of an affirmative covenant, dating to the dawn of the twentieth century, to provide free power to manufacturing facilities on property now owned by defendant Allied Healthcare Products, Inc. (hereinafter AHP). The power covenant first arose in 1899, when Anna Frisbee and Charles Frisbee...

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