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DRAGONETTI BROTHERS LANDSCAPING NURSERY & FLORIST, INC. v. VERIZON NEW YORK, INC.

Index No. 654342/20. Appeal No. 16282. Case No. 2021-01929.

208 A.D.3d 1125 (2022)

176 N.Y.S.3d 223

2022 NY Slip Op 05303

Dragonetti Brothers Landscaping Nursery & Florist, Inc., Appellant, v. Verizon New York, Inc., Respondent.

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Kaufman Dolowich & Voluck, LLP, Woodbury (Erik A. Ortmann of counsel), for appellant.

Herrick, Feinstein LLP, New York (Alan D. Kaplan of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Friedman, Scarpulla, Mendez, JJ.

The allegations in the complaint demonstrate that defendant's "common-law obligation to move [or protect its] facilities when they interfere with municipal work projects" (City of New York v Verizon N.Y., Inc., 4 N.Y.3d 255, 258 [2005]; see also Matter of Diamond Asphalt Corp. v Sander, 92 N.Y.2d 244, 249 [1998]), was not triggered, since plaintiff, as the contractor hired by a municipal...

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