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AUSTIN v. CONSOLIDATED EDISON, INC.

2009-11826.

79 A.D.3d 682 (2010)

913 N.Y.S.2d 684

ROLAND AUSTIN, Respondent-Appellant, v. CONSOLIDATED EDISON, INC., et al., Appellants-Respondents.

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

Decided December 7, 2010.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The defendants contracted with New York Plumbing Heating & Cooling Corporation (hereinafter the contractor) to replace underground water main pipes at their Astoria facility. The agreement required the contractor to excavate a trench, lay the new pipes, and refill the trench. The excavated material, consisting...

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