VERIZON NEW YORK, INC. v. STD FIBRE WORKS, LTD.

1814, 22596/05

68 A.D.3d 557 (2009)

2009 NY Slip Op 9371

891 N.Y.S.2d 356

VERIZON NEW YORK, INC., Appellant, v. STD FIBRE WORKS, LTD, Respondent.

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

Decided December 17, 2009.


Defendant installed underground cables in the subject area beginning in April 2003 and ending in June 2003. In connection with this work, it applied for and received permission to work in the manholes in the area. Some eight months later, following a cable outage, plaintiff entered one of the manholes and discovered damage to one of its cable boxes. According to plaintiff, defendant was the responsible party.

Summary judgment was properly granted as plaintiff failed...

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