Home Gas Co. v. Banach

Appeal from two orders of the Supreme Court in each of two actions, which granted plaintiff’s motions to dismiss certain of defendants’ separate and distinct defenses, some of which were also denominated counterclaims and directed trials of certain issues, and vacated defendants’ demands for bills of particulars. Plaintiff has brought these actions under article 3-A of the Conservation Law for condemnation of storage rights beneath defendants’ lands in the Town of Tyrone, Schuyler County. Defendants’ answers raise issues of plaintiff’s lawful operation, public necessity and good faith. The…