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CONCORD VILLAGE OWNERS, INC. v. TRINITY COMMUNICATIONS CORP.

61 A.D.3d 410 (2009)

876 N.Y.S.2d 48

CONCORD VILLAGE OWNERS, INC., Respondent, v. TRINITY COMMUNICATIONS CORP. et al., Appellants, et al., Defendant. TRINITY COMMUNICATIONS CORP., Third-Party Plaintiff-Appellant, v. CENTRAL LOCATING SERVICE, LTD., Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 2, 2009.

Time Warner retained Trinity to excavate and replace its underground cables near plaintiff's building and CLS was hired by involved utilities operators to mark out the various utilities at the site so as to minimize the risk of striking underground pipes or cables. During the excavation, a gas main was ruptured, causing natural gas to escape from the cracked main into the air. Gas service to plaintiff's building was shut off, and plaintiff alleges that the leaks subsequently...

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