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TUFFLEY v. CITY OF SYRACUSE

82 A.D.2d 110 (1981)

Donald Tuffley, Respondent, v. City of Syracuse, Appellant

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

July 9, 1981

Attorney(s) appearing for the Case

David M. Garber, Corporation Counsel (James L. Gelormini of counsel), for appellant.

Lombardi, Devorsetz, Stinziano & Smith (Sidney Devorsetz of counsel), for respondent.

CARDAMONE, J. P., CALLAHAN, DOERR and DENMAN, JJ., concur.

SCHNEPP, J.

This action for damages arose when an underground culvert caved in under the foundation of a building which was being constructed by plaintiff on his property in the City of Syracuse. Plaintiff claims that the city is responsible for the value of the work done on the foundation because its agents and employees failed to disclose the culvert's existence.

The culvert*

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