VERIZON NEW YORK, INC. v. VILLAGE OF ATHENS


43 A.D.3d 526 (2007)

840 N.Y.S.2d 484

VERIZON NEW YORK, INC., Respondent, v. VILLAGE OF ATHENS, Appellant.

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

Decided August 2, 2007.


Lahtinen, J.

In November 2003, employees of defendant's Public Works Department responded to a report received during the evening of "water boiling out of the ground," and they discovered a break in the water main. They started digging to reach the pipe for repairs, but struck and damaged an underground cable owned by plaintiff in the process. After the cable was damaged, defendant notified plaintiff, which had a representative on the scene within about an hour. Plaintiff...

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