Verizon New York, Inc. v. Callanan Industries, Inc.

Appeal from an order of the Supreme Court (Sackett, J.), entered August 25, 2008 in Sullivan County, which, among other things, denied plaintiffs motion for summary judgment on the issue of liability.

In 1993, defendant purchased property on Bridgeville Road in the Village of Monticello, Sullivan County, where it operates a quarry and upon which plaintiff holds a deeded easement that gives it a right-of-way across the property that it uses for telephone transmission cables. On February 12, 2004, an employee of defendant was driving a dump truck with its truck bed raised over the property when…