Legal Opinion

Algonquin Gas Transmission Co. v. E. W. Realty Corp.

Appellate Division of the Supreme Court of the State of New York

Decided March 23, 1953PublishedCited by 3 opinions

1Opinion of the Court

— In each of eleven condemnation proceedings, order granting motion for summary judgment and dismissing petition reversed on the law and the facts, with $10 costs and disbursements, and motion denied, with $10 costs. Order granting reargument and on reargument adhering to original determination vacated, without costs. Under the anomalous conditions herein in view of the public interests involved, the condemnation proceedings are maintainable by plaintiff even though, presently, it has no certificate of convenience and necessity. They were properly instituted, pursuant to section 4 of the…

2Cases cited3 opinions

  1. Curry v. MacKenzieNew York Court of Appeals · 1925
  2. Kip v. . New York and Harlem R.R. Co.New York Court of Appeals · 1876
  3. Matter of Petition of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885

3Cited by3 opinions

  1. Algonquin Gas Transmission Co. v. North Haven Fair Ass'nConnecticut Superior Court · 1956
  2. County of Westchester v. P & M Materials Corp.New York Supreme Court · 1962
  3. Iroquois Gas Corp. v. JurekAppellate Division of the Supreme Court of the State of New York · 1968

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