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  5. 58 N.Y.2d 853 (1983)
 

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

58 N.Y.2d 853 (1983)

Gillette Shoe Company, Inc., et al., Appellants, v. City of New York et al., Respondents, et al., Defendant. Riverside Housewares, Inc., Appellant, v. City of New York et al., Respondents. Lillian Waldman, Inc., Appellant, v. City of New York et al., Respondents. Peter Magnone, Appellant, v. City of New York et al., Respondents. Arsol Management Co., Appellant, v. City of New York et al., Respondents. (And Another Action.)

Court of Appeals of the State of New York.

Decided February 8, 1983.

Attorney(s) appearing for the Case

Herman Schmertz, Sillik Polayes and Joseph Gaier for appellants.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Francis F. Caputo of counsel), for City of New York, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

While a municipality is responsible for maintaining and repairing its water mains, it is not an insurer of its system. (Jenney v City of Brooklyn, 120 N.Y. 164.) Where a third party such as Consolidated Edison Company of New York, Inc., has excavated near those water mains, the city has a duty to inspect the utility's activities...

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