Village of Rockville Centre v. Long Island Lighting Co.

William R. Brennan, Jr., J.

The defendant, Long Island Lighting Company (LILCO) moves to dismiss the complaint under CPLR 3211 (subd. [a], par. 1 [defense founded upon documentary evidence]; par. 2 [lack of jurisdiction of subject matter] ; par. 7 [failure to state a cause of action]) and subd. (c). The complaint contains three causes of action. The first alleges that LILCO is engaged in constructing a 30-inch, 350 p.s.i.g. (pounds per square inch gauge) transmission line through the plaintiff village, which line is a segment of a system designed to transmit natural gas from facilities in New…