Appellate Division of the Supreme Court of New York, 1977

Consolidated Edison Co. of New York, Inc. v. East Hudson Parkway Authority

Consolidated Edison Co. of New York, Inc. v. East Hudson Parkway Authority
Appellate Division of the Supreme Court of New York · Decided November 21, 1977
59 A.D.2d 926; 399 N.Y.S.2d 426; 1977 N.Y. App. Div. LEXIS 14145
Consolidated Edison Co. of New York, Inc. v. East Hudson Parkway Authority

Opinion of the Court

In a proceeding pursuant to CPLR article 78, inter alia, to compel respondent to issue a license to petitioner for the installation and maintenance of certain utility facilities in, under or upon the Murray Avenue Bridge without a waiver by petitioner of its rights under section 459 of the Public Authorities Law, the appeal is from stated portions of a judgment of the Supreme Court, Westchester County, dated December 27, 1976, which, inter alia, determined that respondent may require a waiver by petitioner of any rights provided by statute with respect to relocation costs. Judgment affirmed, insofar as appealed from, with $50 costs and disbursements, on the opinion of Mr. Justice Wood at Special Term. Margett, J. P., Rabin, Titone and Mollen, JJ., concur.

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