Opinion
Argued February 17, 1969
Decided April 17, 1969
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, THOMAS J. O'DONNELL, J.
Louis R. James for appellants.
Gene M. Simon for intervenor-respondent.
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).
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.