Legal Opinion

City of Rochester v. Rochester Gas & Electric Corp.

New York Supreme Court

Decided September 22, 1967PublishedCited by 6 opinions

1Opinion of the CourtMarvin R. Dye, J.

The Rochester Gas & Electric Corporation (hereinafter R G & E) has challenged the right of the City of Rochester to condemn certain real property owned by it, on the ground that such property is already being devoted to a “ public use ”. A trial without a jury has been had pursuant to an order of severance made and entered at Special Term, Supreme Court, Monroe County [Lambíase, J.] under date of December 11, 1965, at which time substantially undisputed testimony was adduced which fully supports essential and ultimate facts, viz:

R G & E is an operating public utility engaged in the sale and…

2Cases cited9 opinions

  1. Kaskel v. ImpellitteriNew York Court of Appeals · 1953
  2. Denihan Enterprises, Inc. v. O'DwyerNew York Court of Appeals · 1951
  3. Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
  4. Matter of Mayor, Etc., of N.Y.New York Court of Appeals · 1892
  5. In Re Rochester Water Commissioners to Acquire Lands of Rochester Water Co.New York Court of Appeals · 1876

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3Cited by6 opinions

  1. City Of Syracuse v. Onondaga CountyCourt of Appeals for the Second Circuit · 2006
  2. City of Syracuse v. Onondaga CountyCourt of Appeals for the Second Circuit · 2006
  3. Town of Riga v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1991
  4. Westchester Creek Corp. v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
  5. Atlantic States Legal Foundation v. Onondaga County Department of Drainage & SanitationDistrict Court, N.D. New York · 2001

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