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O'BRIEN v. KEY BANK

223 A.D.2d 830 (1996)

636 N.Y.S.2d 182

Margaret O'Brien et al., Plaintiffs, v. Key Bank N. A. et al., Defendants, and American Telephone and Telegraph Company, Defendant and Third-Party Plaintiff-Respondent. Comstock Communications, Inc., Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 11, 1996

Crew III, J.

In 1986, defendant American Telephone and Telegraph Company (hereinafter AT&T) entered into a contract with third-party defendant Comstock Communications, Inc. in which Comstock agreed to install underground conduit and manholes in and around Norton Street in the City of Albany and to restore the sidewalks disturbed during such installation. In May 1989, following completion of the aforesaid...

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