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BLOOMINGDALES v. NYC TR AUTH.

13 N.Y.3d 61 (2009)

BLOOMINGDALES, INC., Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant. NEW YORK CITY TRANSIT AUTHORITY, Third-Party Plaintiff-Appellant, v. M-TRACK ENTERPRISES, INC., Third-Party Defendant-Appellant. M-TRACK ENTERPRISES, INC., Second Third-Party Plaintiff-Appellant, v. JUDLAU CONTRACTING, INC., Second Third-Party Defendant-Appellant, et al., Second Third-Party Defendant. JUDLAU CONTRACTING, INC., Third Third-Party Plaintiff-Appellant, v. JANUS INDUSTRIES, INC., Third Third-Party Defendant-Appellant.

Court of Appeals of New York.

Decided June 11, 2009.

Attorney(s) appearing for the Case

Fabiani Cohen & Hall, LLP, New York City (Lisa A. Sokoloff of counsel), for appellant.

Cerussi & Spring, P.C., White Plains (Kevin P. Westerman and Deborah R. Brancato of counsel), for third-party defendant-appellant.

Biedermann, Reif, Hoenig & Ruff, P.C., New York City (Peter H. Cooper and Peter Hoenig of counsel), for second third-party defendant-appellant and third third-party plaintiff-appellant.

Ahmuty, Demers & McManus, Albertson (Brendan T. Fitz-patrick of counsel), for third third-party defendant-appellant.

Lester Schwab Katz & Dwyer, LLP, New York City (Harry Steinberg and Steven B. Prystowsky of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

PIGOTT, J.

In September 1999, third-party defendant Janus Industries, Inc., as part of a project undertaken by defendant New York City Transit Authority, began excavation work between 59th Street and 60th Street on the west side of Third Avenue in Manhattan. In the course of the work, Janus cut a working drainpipe that ran down from plaintiff Bloomingdales, Inc.'s roof, believing it to be a "dead" water main. It then installed a conduit...

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