VAN TULCO, INC. v. CITY OF NEW YORK


62 A.D.3d 567 (2009)

879 N.Y.S.2d 426

VAN TULCO, INC., Respondent, v. CITY OF NEW YORK et al., Defendants, and NEW YORK TELEPHONE COMPANY et al., Appellants.

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

Decided May 21, 2009.


Plaintiff, a contractor retained by the City of New York in 1990 to rebuild a bridge in Long Island City, sought delay damages allegedly caused by the defendant public utility companies' failure to timely move a gas main and telephone conduits after receiving notice from plaintiff that those facilities were impeding progress. While it is undisputed that public utilities have a long-standing common-law and statutory "obligation to move their facilities when they interfere...

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