(Download) "New York Telephone Company v. Stephen Holden" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: New York Telephone Company v. Stephen Holden
- Author : Supreme Court of New York
- Release Date : January 23, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
[35 A.D.2d 835 Page 836] In our view, on the issue of the necessity for the condemnation, the discretion of petitioner in seeking continuance of
the cables and conduits it had previously installed pursuant to a franchise previously obtained from the Town of Mount Pleasant
is binding on the court, unless respondents can establish, to the satisfaction of the court, fraud, bad faith, or a gross
abuse of discretion on petitioner's part (cf. Matter of New York & Harlem R. R. Co. v. Kip, 46 N. Y. 546, 551-552; Nichols,
Eminent Domain [3d ed.], pp. 573-581; People v. Fisher, 190 N. Y. 468, 477; New York Tel. Co. v. Wood, 145 Misc. 481; Tennessee
Gas Transmission Co. v. Geng, 11 Misc. 2d 739; Cuglar v. Power Auth. of State of N. Y., 4 Misc. 2d 879, 897, affd. 4 A.D.2d
801). Respondents have failed to establish any triable issue in this connection. Furthermore, respondents' contention in their
answer that the ejectment judgment granted to them by the late Mr. Justice Hoyt on July 2, 1968, which directed petitioner
to remove its telephone lines and conduits from respondents' property has allegedly estopped petitioner from instituting this
proceeding is negated by Mr. Justice Hoyt's opinion and decision upon which that judgment was based. Mr. Justice Hoyt there
expressly excluded from his determination the right to obtain the easement by purchase or condemnation.
 "New York Telephone Company v. Stephen Holden" by Supreme Court of New York * Book PDF Kindle ePub Free){kind=link}