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DE WALD CONSTR. v. CONSOL. EDISON

58 Misc.2d 89 (1968)

De Wald Construction Corp., Plaintiff, v. Consolidated Edison Co. of New York, Inc., Defendant.

Civil Court of the City of New York, Bronx County.

November 4, 1968

Attorney(s) appearing for the Case

Robert Stillman and Samuel Siegel for plaintiff. John M. Keegan and Ernest J. Williams for defendant.

DAVID GETZOFF, J.

The plaintiff brought this action to recover the sum of $4,364 paid to the defendant under protest, said sum being the cost for removing part of a concrete bank or vault, conduits and ducts containing electric cables, to enable plaintiff to connect a sewer line from a building erected by plaintiff, to the city sewer.

In 1923 Consolidated Telegraph & Electrical Subway Co. made application...

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