Unanimously modified, on the law and on the facts, to reverse the judgment in favor of plaintiff against Mackay and to grant judgment in favor of Mackay dismissing the complaint as to it; and otherwise affirmed, without costs or disbursements.
Con Edison contracted with Mackay for the latter to lay two oil-o-static lines in the bed of 42nd Street and furnished Mackay with a layout showing the location of the proposed route of such lines and of utility structures located...
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