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CITY OF NY v. CON ED

274 A.D.2d 189 (2000)

713 N.Y.S.2d 40

CITY OF NEW YORK, by and on Behalf of the DEPARTMENT OF DESIGN AND CONSTRUCTION OF THE CITY OF NEW YORK, Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Respondent.

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

September 14, 2000.

Attorney(s) appearing for the Case

Alan G. Krams of counsel (Kristin M. Helmers on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for appellant.

Andrew J. Czerepak of counsel, New York City (Richard W. Babinecz, attorney), for respondent.

Steven I. Tolman of counsel (Alan Levy on the brief; Levy & Tolman, attorneys), for Interstate Industrial Corp., amicus curiae.

NARDELLI, MAZZARELLI, WALLACH and RUBIN, JJ., concur.

OPINION OF THE COURT

ROSENBERGER, J. P.

This case presents an issue of first impression: whether Administrative Code of the City of New York § 24-521 (b), which requires public utilities to bear the costs of protecting utility installations affected by public construction projects, overrides the common-law rule that the City must bear such "interference costs" when the utility installations are maintained pursuant to permanent easements purchased by...

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