NY TEL. CO. v. CITY OF N.Y.


111 Misc.2d 727 (1981)

New York Telephone Company et al., Plaintiffs, v. City of New York et al., Defendants. City of New York, Third-Party Plaintiff, v. Donald E. Henly, Inc., et al., Third-Party Defendants.

Supreme Court, Special Term, Kings County.

September 16, 1981


Attorney(s) appearing for the Case

Goetz & Fitzpatrick, P. C. (Gerard E. Fitzpatrick and James Gagliardi of counsel), for Frank Mascali Construction Corp. and others, defendants. Allen G. Schwartz, Corporation Counsel (Charles Fastenberg of counsel), for City of New York, defendant and third-party plaintiff. Hart & Hume (Lester Esterman and Richard Metli of counsel), for Andrews & Clark, Inc., third-party defendant. Howard J. McGratty for Mason & Hanger-Silas Mason Co., Inc., third-party defendant. Benjamin J. Sergi and Edward Lory for Donald E. Henly, Inc., third-party defendant. Cullen & Dykman (Cynthia Boyer Okrent and Herman Meltzer of counsel), for Brooklyn Union Gas Company, plaintiff. Ernest J. Williams and Peter Hagen for Consolidated Edison Company of New York, Inc., plaintiff. Harold S. Levy and Frank R. Natoli for New York Telephone Company, plaintiff.


CHARLES B. LAWRENCE, J.

In three actions, heretofore consolidated, brought by New York Telephone Company, Consolidated Edison Company of New York, Inc., and the Brooklyn Union Gas Co. (hereafter Utilities), seeking to recover expenses allegedly incurred in removing and relocating overhead and underground facilities from certain designated streets to make way for construction of a public sewer project, the...

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