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CANGIALOSI v. HALLEN CONSTRUCTION CORP.

282 A.D.2d 565 (2001)

723 N.Y.S.2d 387

JOSEPHINE CANGIALOSI et al., Respondents, v. HALLEN CONSTRUCTION CORP. et al., Appellants, and CITY OF NEW YORK, Respondent.

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

Decided April 16, 2001.

Ordered that the order is affirmed, with costs.

On July 31, 1996, the defendant Brooklyn Union Gas and its contractor, the defendant Hallen Construction Corp. (hereinafter the appellants), placed approximately 70 cubic yards of sand in a cordoned-off area at the intersection of Dahill Road, 23rd Avenue, and Avenue M in Brooklyn. The sand was to be used to backfill holes dug in the street as a part of work on the gas lines in the area. However, between 11:00 A.M. and...

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