Legal Opinion
Erie County Water Authority v. Western New York Water Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 13, 1953PublishedCited by 10 opinions
1Opinion of the Court
Motion to dismiss appeal denied. Memorandum: The order from which the appeal is taken denies appellant’s preliminary motion to dismiss the petition in a condemnation proceeding wherein respondent is seeking to condemn the entire assets, including both real and personal property of the appellant, a public utility corporation. The attack upon the petition having been made before the joinder of issue, and upon the ground, inter alia, that the County Court was without jurisdiction of the subject matter, we think that the order, although intermediate in character, is appealable, notwithstanding…
2Cases cited4 opinions
- In re ThomsonNew York Supreme Court · 1895
- In re City of RochesterAppellate Division of the Supreme Court of the State of New York · 1905
- New York State Electric & Gas Corp. v. SmithAppellate Division of the Supreme Court of the State of New York · 1945
- City of Corning v. CarrAppellate Division of the Supreme Court of the State of New York · 1951
3Cited by10 opinions
- Great Neck Water Authority v. Citizens Water Supply Co.New York Court of Appeals · 1962
- City School District of Mechanicville v. CohenAppellate Division of the Supreme Court of the State of New York · 1955
- City of Jamestown v. SfetkoAppellate Division of the Supreme Court of the State of New York · 1962
- City of Albany v. YarasAppellate Division of the Supreme Court of the State of New York · 1956
- City of Buffalo v. FERRY-WOODLAWN REALTY CO., INC.New York Court of Appeals · 1960
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