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VERIZON NEW YORK, INC. v. BARLAM CONSTRUCTION CORP.

CA 11-00444.

90 A.D.3d 1537 (2011)

935 N.Y.S.2d 420

2011 NY Slip Op 9430

VERIZON NEW YORK, INC., Respondent, v. BARLAM CONSTRUCTION CORP., Defendant, and ECSM UTILITY CONTRACTORS, INC., Appellant. (Appeal No. 2.)

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

Decided December 23, 2011.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the complaint is dismissed.

Memorandum: Plaintiff, the owner of underground cables and facilities on a construction site in Camillus, New York, commenced this action seeking money damages arising from the damage caused to its cables. Defendant Barlam Construction Corp. (Barlam) was a subcontractor preparing the property for residential housing, and defendant...

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