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AM. TEL. & TEL. CO. v. LINCOLN INDUS. ENTERS., INC.

122 A.D.2d 925 (1986)

American Telephone and Telegraph Company, Appellant, v. Lincoln Industrial Enterprises, Inc., et al., Respondents, et al., Defendant

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

August 25, 1986

Judgment reversed, on the law, motions to dismiss denied, complaint reinstated, and new trial granted, with costs to abide the event.

The plaintiff American Telephone and Telegraph Company (hereinafter AT&T), alleges that the respondents acted negligently when, in the course of a sewer excavation project, the back hoe operator, the defendant Donald Decker, broke one of its underground cables, causing it to sustain damages...

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