Kupersmidt v. New York Telephone Co.

John P. Cohalan, Jr., J.

On December 3, 1964 Radory Construction Corp. (hereafter Radory), codefendant with and subcontractor to New York Telephone Company (Telephone) exposed, uprooted and caused the toppling of a wooden sustaining pier or pilaster at the southeast corner of plaintiffs’ building at Park Avenue and Union Street, Bay Shore, in Suffolk County.

The incident occurred while Radory was engaged in subsurface work beneath the sidewalk area adjacent to the building, on Union Street, a county road. The digging was done in preparation for the laying of telephone cables to replace poles…