Legal Opinion

Town of Massena v. Niagara Mohawk Power Corp.

New York Court of Appeals

Decided October 31, 1978PublishedCited by 86 opinions

1Opinion of the Court

OPINION OF THE COURT

Cooke, J.

This case is another episode in the controversy over the supply of public utility services as between a municipal corporation and a privately owned public utility. We voice no policy preference but determine the rights of these parties under article 14-A of the General Municipal Law.

The scenario is laid in the northern reaches of our State. The combatants are the Town of Massena in St. Lawrence County (Massena), a municipal corporation, and Niagara Mohawk Power Corporation (Niagara Mohawk), a stock corporation presently supplying electrical energy to the region.…

2Cases cited13 opinions

  1. Fifth Avenue Coach Co. v. City of New YorkSupreme Court of the United States · 1911
  2. Fifth Ave. Coach Co. v. . City of New YorkNew York Court of Appeals · 1909
  3. Jewett v. Luau-Nyack Corp.New York Court of Appeals · 1972
  4. Logan v. . GuggenheimNew York Court of Appeals · 1920
  5. Effell Realty Corporation v. City of New YorkNew York Court of Appeals · 1939

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3Cited by86 opinions

  1. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  2. Brown v. U.S. Vanadium Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  3. Menorah Nursing Home, Inc. v. ZukovAppellate Division of the Supreme Court of the State of New York · 1989
  4. Williams v. SahayAppellate Division of the Supreme Court of the State of New York · 2004
  5. Brown v. StarkweatherAppellate Division of the Supreme Court of the State of New York · 1993

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