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CITY OF NEW YORK v. CON. ED.

114 A.D.2d 217 (1986)

City of New York, Respondent, v. Consolidated Edison Company of New York, Inc., Appellant Consolidated Edison Company of New York, Inc., Appellant, v. City of New York et al., Respondents

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

February 7, 1986

Attorney(s) appearing for the Case

Barry P. Schwartz of counsel (Fay Leoussis with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for City of New York, respondent.

Sol Freedman for Perez Interboro Asphalt, respondent.

Sheila S. Rosenrauch of counsel (Geraldine O'Donnell with her on the brief; Ernest J. Williams, attorney), for appellant.

Mark Seidenfeld of counsel (David E. Blabey, attorney), for Public Service Commission of the State of New York, amicus curiae.

FEIN, MILONAS and KASSAL, JJ., concur.

SANDLER, J. P.

Analysis of the issues presented on this appeal necessarily begins with the firmly established principle that, with certain exceptions not here relevant, a public utility such as Consolidated Edison Company of New York, Inc. (Con Edison) is required at its own expense to remove or protect and replace its underground facilities whenever the public health, safety or convenience require that to be...

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