VERIZON NEW YORK INC. v. SKANSKA USA CIVIL NORTHEAST INC.

9825, 105535/08.

105 A.D.3d 573 (2013)

964 N.Y.S.2d 33

2013 NY Slip Op 2654

VERIZON NEW YORK INC., Respondent, v. SKANSKA USA CIVIL NORTHEAST INC., Formerly Known as SLATTERY SKANSKA INC., Appellant.

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

Decided April 18, 2013.


Order, Supreme Court, New York County (Richard F. Braun, J.), entered October 10, 2012, which, to the extent appealed from, denied defendant's motion for summary judgment, unanimously affirmed, without costs.

Defendant failed to make a prima facie showing that its construction activities did not contribute to the damage suffered by plaintiff's cables. Specifically, while defendant set forth evidence that it was not performing work in the vicinity of the water main...

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