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STATE v. CONSOL. EDISON CO. OF NEW YORK, INC.

227 A.D.2d 766 (1996)

642 N.Y.S.2d 367

State of New York, Respondent, v. Consolidated Edison Company of New York, Inc., Appellant

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

May 9, 1996

Peters, J.

Prior to 1970, plaintiff, through its Department of Transportation, sought to construct a portion of the Cross Westchester Arterial (hereinafter the arterial) in Westchester County. Since the location of some utilities owned by defendant would interfere with that construction, defendant requested, pursuant to Highway Law § 10 (33), that all utility relocation work be performed by plaintiff when...

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