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DONALD D. MCCORMICK ET AL. v. JOHN V. TRAGESER ET AL. (04/17/69)

COURT OF APPEALS OF NEW YORK 1969.NY.41188 <http://www.versuslaw.com>; 249 N.E.2d 467; 24 N.Y.2d 873 decided: April 17, 1969. DONALD D. MCCORMICK ET AL., APPELLANTS,v.JOHN V. TRAGESER ET AL., RESPONDENTS. MANUFACTURERS AND TRADERS TRUST COMPANY, INTERVENOR-RESPONDENT McCormick v. Trageser, 28 A.D.2d 1086, reversed. Louis R. James for appellants. Gene M. Simon for intervenor-respondent. Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.


McCormick v. Trageser, Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

 Order reversed, with costs, and the judgment of the Supreme Court reinstated in the following memorandum: In this action to enjoin defendants from installing an electric transmission line over plaintiffs' property, defendants claim the right to do so by virtue of a grant of a right of way in the deed to defendants' predecessor in title. Under settled case law, an easement for a right of way does not include the right to install an electric transmission line (Holden v. City of New York, 7 N.Y.2d 840; Heyert v. Orange & Rockland Utilities, 17 N.Y.2d 352).

19690417

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