Verizon New York Inc. v. Skanska USA Civil Northeast Inc.

Order, Supreme Court, New York County (Richard F. Braun, J.), entered October 10, 2012, which, to the extent appealed from, denied defendant’s motion for summary judgment, unanimously affirmed, without costs.

Defendant failed to make a prima facie showing that its construction activities did not contribute to the damage suffered by plaintiffs cables. Specifically, while defendant set forth evidence that it was not performing work in the vicinity of the water main break at the time that the leak was first observed, it failed to address evidence that it had performed secant pile drilling…