City of Albany v. Central Locating Service, Ltd.

Plaintiff commenced this action against defendant Niagara Mohawk (hereinafter NiMo) and defendant Central Locating Service, Ltd. (hereinafter CLS) for damage to an underground fiber-optic cable which plaintiff owns and operates. Plaintiff’s complaint alleges that the cable was struck by NiMo’s employees while they were drilling a hole for a new power pole, and the complaint further alleges that CLS, who had been hired to mark the location of the underground equipment by New York Telephone Company (hereinafter NYTel), incorrectly did so. As a first cause of action, plaintiff’s complaint…