VERIZON N.Y. INC. v. NEW YORK STATE ELEC. & GAS CORP.

4346. 161864/14.

151 A.D.3d 614 (2017)

2017 NY Slip Op 05161

58 N.Y.S.3d 322

VERIZON NEW YORK INC., Respondent, v. NEW YORK STATE ELECTRIC & GAS CORPORATION, Appellant.

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

Decided June 22, 2017.


In this action alleging property damage due to defendant utility company's alleged negligence and/or trespass upon plaintiff's underground telecommunications cables during an excavation, defendant established its entitlement to judgment as a matter of law as to plaintiff's trespass cause of action. In opposition, plaintiff failed to raise a triable issue as to whether the actions by defendant in proceeding with excavation, under the circumstances presented, rendered it a...

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