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CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. v. UNITED STATES FIDELITY AND GUARANTY COMPANY

263 A.D.2d 380 (1999)

693 N.Y.S.2d 31

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Respondent, et al., Defendant.

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

Decided July 8, 1999.

Defendant City Wide was engaged by plaintiff Con Ed to perform resurfacing work following the completion of service or installation of utility lines. After approving resurfacing work at the corner of Eighth Avenue and East 35th Street, Con Ed notified the contractor to bring the road surface up to grade. The following day, June 14, 1991, before any further resurfacing work was performed, Enid Salop fell in a depression that had formed in the paved road surface, sustaining...

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