LEAF v. CONSOL. EDISON CO. OF NEW YORK, INC.


15 A.D.2d 808 (1962)

Doris Leaf et al., Respondents, v. Consolidated Edison Co. of New York, Inc., Respondent, and Samuel Gallucci & Sons, Inc., et al., Appellants

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

February 19, 1962


On Gallucci's appeal: order insofar as appealed from affirmed, with costs to Con Ed against Gallucci. On Tully's appeal: order insofar as appealed from reversed on the law, with costs to Tully against Con Ed, and complaint and cross complaint against Tully dismissed, with costs to Tully against Con Ed. The facts are affirmed.

Pursuant to contract, Tully refilled an excavation across a sidewalk and repaved it with a temporary macadam surface. Tully completed...

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