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TROCOM CONSTRUCTION CORP. v. CONSOLIDATED EDISON COMPANY OF NEW YORK

300 A.D.2d 154 (2002)

752 N.Y.S.2d 50

TROCOM CONSTRUCTION CORP., Plaintiff, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, Defendant and Third-Party Plaintiff-Respondent. WILBUR L. CHAPMAN et al., Third-Party Defendants-Appellants.

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

Decided December 19, 2002.

In the main action, Con Edison has been found liable to plaintiff Trocom for damages attributable, in part, to delay in addressing a construction site problem having to do with unstable backfill. In the third-party action, Con Edison alleges that remediation of the backfill problem was not its responsibility and that third-party defendant City's order directing it to correct the problem was not validly issued. Viewing the allegations of the third-party complaint, as we must...

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