SALOP v. CITY OF NEW YORK


246 A.D.2d 305 (1998)

667 N.Y.S.2d 345

Enid Salop, Respondent, v. City of New York, Defendant, and Consolidated Edison Company of New York, Inc., Appellant and Third-Party Plaintiff-Respondent-Appellant. City-Wide Asphalt Paving Co., Inc., Third-Party Defendant-Appellant-Respondent

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

January 6, 1998


Concerning the paving contractor's negligence, the jury could have reasonably concluded that under its contract with the utility, it was responsible for inspecting the backfilling contractor's work before installing the asphalt or "base" in the hole, and that its failure to make such an inspection was the main reason why the hole sunk to a depth well beyond the one-inch standard for completed base work. That the utility's inspector at the site deemed the installation of the...

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