Buholtz v. Rochester Telephone Corp.

This is an appeal from an order denying the motion of defendant-appellant for summary judgment, and dismissing defendant’s first and second affirmative defenses and counterclaim. Respondent Frank Buholtz owns property in the Village of Naples, New York, located in the northeast quadrant formed by the intersection of Maxfield Road on the west and Eelpot Road on the south.

On August 12, 1954, Rochester Telephone Corp. (appellant) obtained an easement for the location, construction and maintenance of telephone poles and wires on the east side of Eelpot Road from Robert and Mary Jane Dusenbury,…