MATTER OF DELAWARE CO. ELEC. COOP. v. City of NY

304 N.Y. 196 (1952)

In the Matter of Delaware County Electric Cooperative, Inc., Appellant,

v.

City of New York et al., Respondents.

Court of Appeals of the State of New York.

Argued March 10, 1952.

Decided June 5, 1952

Francisco Penberthy and Milton D. Nelson for appellant.

Denis M. Hurley, Corporation Counsel (Francis T. Murray, Seymour B. Quel and Robert E. Hugh of counsel), for respondents.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, FULD and FROESSEL, JJ., concur.

DYE, J.

By written lease dated December 13, 1945, the City of New York granted to the Delaware County Electric Cooperative, Inc., the…