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

7 A.D.3d 434 (2004)

777 N.Y.S.2d 454

TROCOM CONSTRUCTION CORP., Respondent, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Appellant. (And a Third-Party Action.)

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

May 25, 2004.

In 1993, the City of New York awarded a public improvement project to plaintiff Trocom Construction Corp. for reconstruction of Fifth Avenue between East 109th and East 111th Streets (the Project). In order to complete the Project, some underground utility facilities had to be relocated, supported or protected (Interference Work). As part of the Project, Trocom also entered into a contract with defendant Consolidated Edison Company of New York, Inc. (Con Ed), whereby Con...

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