VERIZON NEW YORK INC. v. ECSM UTILITY CONTRACTORS, INC.

CA 11-00533.

90 A.D.3d 1541 (2011)

935 N.Y.S.2d 420

2011 NY Slip Op 9433

VERIZON NEW YORK INC., Respondent, v. 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 modified on the law by denying plaintiff's motion for summary judgment in its entirety, vacating the award of damages, and granting that part of defendant's cross motion for summary judgment dismissing the negligence cause of action and dismissing that cause of action and as modified the judgment is affirmed without costs.

Memorandum: This dispute arises from 45 separate incidents of property damage...

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