Cranesville Block Co. v. Niagara Mohawk Power Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Best, J.), entered July 9, 1990 in Montgomery County, which granted defendant’s motion for summary judgment dismissing the complaint.
In 1965, defendant conveyed real property in the Town of Florida, Montgomery County, to plaintiff, together with an easement permitting use of two existing railroad spur lines over remaining property of defendant. During the period September 14, 1983 to November 2, 1983, defendant replaced *445an existing six-inch gas transmission line, which traversed defendant’s property and passed under both of the spur lines, with an…
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