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PATERNO & SONS, INC. v. JAMAICA WATER SUPPLY CO.

52 A.D.2d 595 (1976)

Paterno & Sons, Inc., Respondent-Appellant, v. Jamaica Water Supply Company, Appellant-Respondent

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

April 12, 1976

Order affirmed, without costs or disbursements.

Defendant was obligated both by the common law (see New York City Tunnel Auth. v Consolidated Edison Co., 295 N.Y. 467, 474-475; Necaro Co. v Eighth Ave. R. R. Co., 220 App Div 144), as well as by statute (Administrative Code of City of New York, § 683a4-17.0), to remove, relocate and protect its pipelines, and appurtenances thereto, which interfered with the construction of sewers which the plaintiff...

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