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


39 A.D.2d 539 (1972)

Raymond Brown, Respondent-Appellant, v. Consolidated Edison Company of New York, Inc., Respondent, and Mackay Construction Corp., Appellant. Consolidated Edison Company of New York, Inc., Third-Party Plaintiff, v. Mackay Construction Corp. et al., Third-Party Defendants

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

April 24, 1972


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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