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GILLETTE SHOE CO., INC. v. CITY OF NEW YORK

86 A.D.2d 522 (1982)

Gillette Shoe Company, Inc., et al., Respondents-Appellants, v. City of New York, Appellant, and Consolidated Edison Company of New York, Inc., Respondent, et al., Defendant Riverside Housewares, Inc., Respondent-Appellant, v. City of New York, Appellant, and Consolidated Edison Company of New York, Inc., Respondent Lillian Waldman, Inc., Respondent-Appellant, v. City of New York, Appellant, and Consolidated Edison Company of New York, Inc., Respondent Peter Magnone, Respondent, v. City of New York, Appellant, and Consolidated Edison Company of New York, Inc., Respondent Arsol Management Co., Respondent, v. City of New York, Appellant, and Consolidated Edison Company of New York, Inc., Respondent Alameda Realty, Respondent, v. City of New York, Appellant and Third-Party Plaintiff-Appellant. Consolidated Edison Co. of New York, Inc., Third-Party Defendant-Respondent

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

January 12, 1982

Plaintiffs suffered damage as a result of a break in a 36-inch cast iron water main, lying beneath Broadway and 84th Street in Manhattan, on December 18, 1974. The main had been installed in the late 19th century, between 76 and 101 years prior to the instant rupture. In 1926, Con Edison, pursuant to a permit obtained from the city, engaged in extensive construction activity in the immediate vicinity of the point at which the water...

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