Niagara Mohawk Power Corp. v. Great Bend Aggregates, Inc.

Judgment unanimously modified on the law and facts and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings, in accordance with the following memorandum: Petitioner Niagara Mohawk Power Corporation appropriated an easement across respondent’s property for the purpose of erecting, operating and maintaining one electric transmission line, including three conductors, one cable and supporting apparatus. The trial court, after a nonjury trial, awarded respondent the sum of $31,500 plus interest as compensation for the taking. The award was based in part…