McCORMICK v. TRAGESER

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.