Legal Opinion
City of New York v. Verizon New York Inc.
New York Court of Appeals
Decided March 24, 2005PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
Operating as a penal provision, New York City Administrative Code § 24-521 requires utility companies to relocate certain facilities when necessary to accommodate public works projects. If a utility does not promptly comply with a removal order from the City, the Code subjects the utility to a fine and its executives to possible imprisonment (see Administrative Code §§ 19-149, 19-150).
Section 24-521 (a) states that “[w]henever any sewer, culvert, water main or pipe is to be constructed, altered or repaired in any street in which the pipes, mains or conduits…
2Cases cited9 opinions
- Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906
- Transit Commission v. Long Island RailroadNew York Court of Appeals · 1930
- New York City Tunnel Authority v. Consolidated Edison Co. of New York, Inc.New York Court of Appeals · 1946
- Matter of Petition of DeeringNew York Court of Appeals · 1883
- People v. BencNew York Court of Appeals · 1942
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3Cited by3 opinions
- Port Auth. of N.Y. & N.J. v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 2020
- Dragonetti Bros. Landscaping Nursery & Florist, Inc. v. Verizon N.Y., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
- Van Tulco, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009