This action was commenced by a general contractor (contractor) and involved a lawsuit involving “capital municipal work with New York City and its agencies,” against “a private utility company that owns and/or operates surface and subsurface utility facilities within New York City,” and a subsidiary thereof (Utility). The contractor sued the Utility to recover costs for construction. The Utility moved to dismiss an amended complaint, pursuant to CPLR §§3211(a)(1) and (a)(7). The court denied the motion to dismiss.
The contractor and the Utility had signed an agreement with a non-party New York City agency (agency), pursuant to which the Utility agreed “to cooperate with and compensate the contractors working on [agency] projects for moving, protecting, and securing (Utility’s) existing utility facilities that impact [agency’s] work.” The contractor and the Utility had also entered into an agreement with the agency for construction of a culvert. The contractor’s work “interfered with…underground… utility lines owned by [Utility], requiring [contractor] to move, protect, or secure those facilities” (interference work).
To view this content, please continue to Lexis Advance®.
Not a Lexis Advance® Subscriber? Subscribe Now
LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.
ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.
For questions call 1-877-256-2472 or contact us at email@example.com