Van Tulco, Inc. v. City of New York

Orders, Supreme Court, New York County (Karen S. Smith, J.), entered April 17 and 22, 2008, which denied the respective motions by defendant public utilities for summary judgment, and, upon search of the record, granted partial summary judg*568ment in plaintiffs favor on the issue of adequacy of notice triggering the statutory duty to “remove or protect” facilities interfering with a public works project, unanimously reversed, on the law, without costs, and the motions granted. The Clerk is directed to enter judgment in favor of defendant-appellant public utilities dismissing the complaint as…