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DOLPH'S CLOTHIERS, INC. v. CITY OF NEW YORK

57 A.D.2d 757 (1977)

Dolph's Clothiers, Inc., et al., Respondents, v. City of New York, Respondent, and Empire City Subway Company, Ltd., Appellant

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

May 12, 1977

This action was brought by the owners of a building and commercial tenants for water damages sustained as a result of a water main break on February 15, 1972. After the break, Empire's underground duct was found lying upon the city's 48-inch water main. The duct had been installed in 1887 while the city's water main had been laid in 1902. In 1917, the city's main was raised in connection with the construction of a subway system. As was noted above, the city's main burst in...

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