New York Telephone Co. v. City of New York

OPINION OF THE COURT

Charles B. Lawrence, J.

In three actions, heretofore consolidated, brought by New York Telephone Company, Consolidated Edison Com*728pany of New York, Inc., and the Brooklyn Union Gas Co. (hereafter Utilities), seeking to recover expenses allegedly incurred in removing and relocating overhead and underground facilities from certain designated streets to make way for construction of a public sewer project, the defendants, Mascali, Zindler and Copat Construction Corporations, a joint venture (hereafter Joint Venture), have moved pursuant to CPLR 3211 (subd [a], par 7) to dismiss…