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NEW YORK TEL. CO. v. CITY OF NEW YORK

65 N.Y.2d 681 (1985)

New York Telephone Company et al., Appellants, et al., Plaintiff, v. City of New York et al., Respondents. (And a Third-Party Action).

Court of Appeals of the State of New York.

Decided May 30, 1985.

Attorney(s) appearing for the Case

Saul Scheier and Kevin M. Walsh for New York Telephone Company, appellant.

Cynthia Boyer Okrent for Brooklyn Union Gas Company, appellant.

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

Donald J. Carbone for Frank Mascali Construction Corp. and others, respondents, precluded.

Jack Babchick for Andrews and Clark, respondent, precluded.

Howard J. McGratty for Mason & Hanger-Silas Mason Co., Inc., respondent, precluded.

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Taking no part: Judge TITONE.

Order affirmed, with costs, for reasons stated in the opinion by Justice James F. Niehoff at the Appellate Division (95 A.D.2d 282). Question certified answered in the...

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