NEW YORK TELEPHONE COMPANY v. CITY OF NEW YORK, 65 N.Y.2d 681 (1985)

481 N.E.2d 255, 491 N.Y.S.2d 623

NEW YORK TELEPHONE COMPANY et al., Appellants, et al., Plaintiff, v. CITY OF NEW YORK et al., Respondents. (And a Third-Party Action).

Court of Appeals of the State of New York.Argued April 29, 1985
Decided May 30, 1985

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Charles B. Lawrence, J.

Page 682

[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Page 683

Saul Scheier and Kevin M. Walsh for New York Telephone Company, appellant.

Cynthia Boyer Okrent for Brooklyn Union Gas Company, appellant.

Frederick A.O. Schwarz, Jr., Corporation Counsel (Trudi Mara Schleifer and Francis F. Caputo of counsel), for City of New York, respondent.

Donald J. Carbone for Frank Mascali Construction Corp. and others, respondents, precluded.

Jack Babchick for Andrews and Clark, respondent, precluded.

Howard J. McGratty for Mason Hanger-Silas Mason Co., Inc., respondent, precluded.

Order affirmed, with costs, for reasons stated in the opinion by Justice James F. Niehoff at the Appellate Division (95 A.D.2d 282). Question certified answered in the affirmative.

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Taking no part: Judge TITONE.