Columbia Gas of New York, Inc. v. New York State Electric & Gas Corp.

28 N.Y.2d 117 (1971)

Columbia Gas of New York, Inc., Respondent,

v.

New York State Electric & Gas Corporation, Appellant.

Court of Appeals of the State of New York.

Argued November 24, 1970.

Decided February 17, 1971.

Frederic H. Lawrence and Paul C. Gouldin for appellant.

Robert M. Diggs for respondent.

Judges BURKE, SCILEPPI and GIBSON concur with Chief Judge FULD; Judge BREITEL dissents and votes to reverse in a separate opinion in which Judges BERGAN and JASEN concur.

Chief Judge FULD.

This is an action in which the plaintiff, Columbia Gas, seeks a declaration that certain contracts which defendant…