Alford v. Niagara Mohawk Power Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMain, J.
Appeal from an order of the Supreme Court in favor of plaintiff Gary Alford, entered January 31, 1985 in St. Lawrence County, upon a verdict rendered at Trial Term (Duskas, J.).
Defendant, in August 1982, cut down a number of trees located near its power transmission lines running across property owned by plaintiffs. Defendant did so pursuant to an easement that one of its predecessors in interest had acquired in 1939. By virtue of that easement, defendant possessed “the right to trim, cut and remove any trees, limbs, brush or other obstructions on either side of said lines which [defendant]…
2Cases cited3 opinions
- Jenkins v. EtlingerNew York Court of Appeals · 1982
- XAR Corp. v. Di DonatoAppellate Division of the Supreme Court of the State of New York · 1980
- Joss v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1973