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CITY OF ALBANY v. CENT. LOCATING SERV., LTD.

228 A.D.2d 920 (1996)

644 N.Y.S.2d 425

City of Albany, Respondent-Appellant, v. Central Locating Service, Ltd., Defendant, and Niagara Mohawk Power Corporation, Appellant-Respondent. (And a Third-Party Action.) (And Another Related Action.)

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

June 20, 1996

Casey, J.

Plaintiff commenced this action against defendant Niagara Mohawk (hereinafter NiMo) and defendant Central Locating Service, Ltd. (hereinafter CLS) for damage to an underground fiber-optic cable which plaintiff owns and operates. Plaintiff's complaint alleges that the cable was struck by NiMo's employees while they were drilling a hole for a new power pole, and the complaint further alleges that CLS, who had been hired to mark the location of...

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