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SILVA v. NEW YORK TELEPHONE COMPANY

267 A.D.2d 634 (1999)

699 N.Y.S.2d 621

EILEEN O. SILVA, Individually and as Administrator of the Estate of STEVEN M. SILVA, Deceased, and as Parent and Natural Guardian of CHRISTOPHER M. SILVA and Another, Infants, Appellant, v. NEW YORK TELEPHONE COMPANY, Defendant and Third-Party Plaintiff, et al., Defendants. NIAGARA MOHAWK POWER CORPORATION, Third-Party Defendant-Respondent. (Action No. 1.) EILEEN O. SILVA, Individually and as Administrator of the Estate of STEVEN M. SILVA, Deceased, and as Parent and Natural Guardian of CHRISTOPHER M. SILVA and Another, Infants, Appellant, v. BROOKVIEW COURT, INC., Respondent. (Action No. 2.)

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

Decided December 9, 1999.

Mugglin, J.

Plaintiff's decedent, an employee of third-party defendant, Niagara Mohawk Power Corporation, was killed when the electrical transmission pole upon which he was working collapsed. Defendant Brookview Court, Inc. was the developer of a residential subdivision, named Weathercrest, which was to obtain utility services from Niagara Mohawk. On part of the land included within the subdivision was a house and garage owned by Edith Columbe. The Columbe property...

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