Jericho Water v. One Call

10 N.Y.3d 385 (2008)

887 N.E.2d 1142

858 N.Y.S.2d 84

JERICHO WATER DISTRICT, Respondent,

v.

ONE CALL USERS COUNCIL, INC., et al., Appellants.

Court of Appeals of the State of New York.

Argued March 19, 2008.

Decided May 1, 2008.

Wilder & Linneball, LLP, Buffalo (Laura A. Linneball of counsel), and Murphy, Bartol & O'Brien, LLP, Mineola (Robert Garfinkle of counsel), for appellants.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

All operators of underground facilities (pipes, cables, wires and the like) are required by statute to participate in…