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HIPIUS v. CITY OF YONKERS

22 A.D.2d 945 (1964)

Joseph C. Hipius et al., Respondents, v. City of Yonkers, Defendant-Appellant and Third-Party Plaintiff-Respondent. Consolidated Edison Company of New York, Inc., Third-Party Defendant-Appellant and Fourth-Party Plaintiff-Respondent; Brogan Construction Company, Inc., Fourth-Party Defendant-Appellant, and J. L. Hayes, Inc., Fourth-Party Defendant

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

December 31, 1964

Appeal by defendant City of Yonkers from judgment, entered November 26, 1962, dismissed, as academic; that judgment was superseded by the amended judgment. Amended judgment of April 18, 1963, insofar as appealed from by the respective parties, affirmed, with costs to plaintiffs.

The City of Yonkers was properly cast in damages. Having granted a permit to Consolidated for a sidewalk excavation, the city had notice of the nature of the work to be performed and the city...

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