TEL. CO v. CITY OF N. Y.


95 A.D.2d 282 (1983)

New York Telephone Company et al., Appellants, v. City of New York, Defendant and Third-Party Plaintiff-Respondent, and Frank Mascali Construction Corp. et al., a Joint Venture, Respondents. Donald E. Hernly et al., Third-Party Defendants-Respondents

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

August 22, 1983


Attorney(s) appearing for the Case

Harold S. Levy (Lewis Trippett of counsel), for New York Telephone Company, appellant.

Ernest J. Williams (Joseph J. Klem and Sheila Solomon Rosenrauch of counsel), for Consolidated Edison Company of New York, Inc., appellant.

Cullen & Dykman (Cynthia Boyer Okrent of counsel), for Brooklyn Union Gas Company, appellant.

Frederick A.O. Schwarz, Jr., Corporation Counsel (Francis F. Caputo and Trudi Mara Schleifer of counsel), for defendant and third-party plaintiff-respondent.

Goetz & Fitzpatrick, P. C. (Gerald E. Fitzpatrick of counsel), for respondents.

Hart & Hume (Lester Esterman and Jack Babchik of counsel), for Andrews & Clark, third-party defendant-respondent.

MOLLEN, P. J., GIBBONS and BRACKEN, JJ., concur.


NIEHOFF, J.

As part of its pollution control efforts, the City of New York undertook to construct a sewer in Brooklyn, and employed three contractors (the joint venture) to build it. Before construction began, the New York Telephone Company, the Consolidated Edison Company of New York, Inc., and the Brooklyn Union Gas Company were directed to remove their underground facilities from a certain portion of Van Brunt...

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