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MATTER OF TROCOM CONSTR. CORP. v. SANDER

251 A.D.2d 17 (1998)

672 N.Y.S.2d 716

In the Matter of Trocom Construction Corp., Respondent-Appellant, v. Elliot G. Sander, as Transportation Commissioner of The City of New York, et al., Respondents, and Consolidated Edison Company of New York, Inc., et al., Appellants-Respondents

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

June 2, 1998

The IAS Court properly held that respondent Con Edison must comply with the subject Order Out Notice requiring removal of certain obstructions interfering with an ongoing public works project since noncompliance with the Order Out Notice would have delayed the public works project indefinitely (see, Administrative Code of City of NY § 19-143 [b]; City of New York v Consolidated Edison Co., 114 A.D.2d 217, 220).

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