Legal Opinion
State v. Consolidated Edison Co. of New York, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 9, 1996Published
1Opinion of the CourtPeters, J.
Appeal from a judgment of the Supreme Court (Hughes, J.), entered June 15, 1995 in Albany County, which granted plaintiff’s motion for summary judgment.
Prior to 1970, plaintiff, through its Department of Transportation, sought to construct a portion of the Cross Westchester Arterial (hereinafter the arterial) in Westchester County. Since the location of some utilities owned by defendant would interfere with that construction, defendant requested, pursuant to Highway Law § 10 (33), that all utility relocation work be performed by plaintiff when it commenced its work on the arterial. Plaintiff…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
- Oneonta Dress Co. v. Ozona-Usa, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Struble v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1995