VERIZON NEW YORK, INC. v. CALLANAN INDUSTRIES, INC.

506952.

67 A.D.3d 1189 (2009)

888 N.Y.S.2d 292

2009 NY Slip Op 08129

VERIZON NEW YORK, INC., Appellant, v. CALLANAN INDUSTRIES, INC., Respondent.

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

Decided November 12, 2009.


Kavanagh, J.

In 1993, defendant purchased property on Bridgeville Road in the Village of Monticello, Sullivan County, where it operates a quarry and upon which plaintiff holds a deeded easement that gives it a right-of-way across the property that it uses for telephone transmission cables. On February 12, 2004, an employee of defendant was driving a dump truck with its truck bed raised over the property when the truck bed struck and severed a telephone cable at a...

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