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  5. 44 N.Y.2d 417 (1978)
 

DE WITT PROPS. v. CITY OF NY

44 N.Y.2d 417 (1978)

De Witt Properties., Inc., et al., Respondents, v. City of New York, Appellant, and Consolidated Edison Co. of New York, Inc., Respondent.

Court of Appeals of the State of New York.

Decided May 11, 1978.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Bernard Burstein, L. Kevin Sheridan and Richard Gross of counsel), for appellant.

Sandra Craig and Joseph J. Klem for Consolidated Edison Company of New York, Inc., respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur.

WACHTLER, J.

In an action to recover for damage to the plaintiffs' premises as the result of a burst water main in a Manhattan street, a jury returned a verdict against the City of New York which owns the water main, and against Consolidated Edison (Con Ed) for negligently installing a gas pipe on top of the city's water main. On this appeal by the city it is urged that there is no basis for holding the city...

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