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CITY OF NEW YORK v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

1 A.D.3d 282 (2003)

769 N.Y.S.2d 11

CITY OF NEW YORK, Respondent, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Appellant, et al., Defendant.

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

November 25, 2003.

Plaintiff's notices to remove obstructions were not arbitrary or capricious (see Matter of Pell v Board of Educ., 34 N.Y.2d 222, 231 [1974]; City of New York v Consolidated Edison Co. of N.Y., 114 A.D.2d 217, 223 [1986]). Such notices were issued subsequent to the expiration of the three-month period requested by defendant Con Edison for relocation of its obstructing facilities and, evidently...

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