Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Verizon New York, Inc. v. Citnalta Construction

Sup Ct, New York County

April 9, 2013

VERIZON NEW YORK, INC., Plaintiff,
v.
CITNALTA CONSTRUCTION, Defendant. CITNALTA CONSTRUCTION, Third-Party Plaintiff,
v.
EMPIRE CITY SUBWAY COMPANY LIMITED and FELIX ASSOCIATES, LLC Third-Party Defendants. Index Nos. 113700/09, 590160/12

Unpublished Opinion

Submission Date: 11/14/12

For Plaintiff E Pillinger Miller Tarallo, LLP

For Defendant Citnalta Construction: Babchik & Young, LLP

For Third-party Defendant Felix Associates: Marshall Dennehey Warner Coleman & Goggin

Third-party Defendant Empire City Subway: Conway, Farrell, Curtin & Kelly P.C.

DECISION AND ORDER

SALIANN SCARPULLA, Judge.

Papers considered in review of this motion for summary judgment/cross-motion to amend caption:

Notice of Motion/Affirm, of Counsel in Supp...........................................1
Hoffberg Affirm, in Opp. to Motion and Cross-Motion...........................2
Fink Reply Affirm, in Supp. of Motion.....................................................3
Notice of Cross-Motion/Affirm, of Counsel.............................................4
Fink Affirm, in Partial Opp. to Cross-Motion...........................................5
Salvo Reply Affirm, in Supp. of Cross-Motion.........................................6, 7

In this action to recover for property damage, defendant Citnalta Construction ("Citnalta") moves for summary judgment dismissing plaintiff Verizon New York, Inc.'s ("Verizon") complaint pursuant to CPLR § 3212. Third-party defendant Felix Associates, LLC ("Felix") cross-moves for dismissal of the third-party complaint pursuant to CPLR §§3212 and 3211(a)(7).

On September 16, 2009, Verizon commenced this suit against Citnalta alleging two causes of action for negligence and trespass. Verizon alleges that Citnalta negligently damaged its telecommunications cable located at the northwest corner of Cortland and Broadway on or about June 4, 2007. Verizon claims that Citnalta damaged the cable by negligently operating its equipment, negligently excavating, and failing to provide a "mark-out" notice prior to commencing its excavation activities.

On February 12, 2012, Citnalta commenced a third-party action against Empire City Subway Company Limited ("ECS") and Felix for contribution and common law indemnification. Citnalta also alleged a contractual indemnification claim against Felix.

Background

A. The Cable

Verizon's local manager, Michael Arcati ("Arcati"), testified at his deposition that the damaged cable was discovered on Cortland Street and Broadway, in a large excavated area under construction for the Fulton Street subway station. Arcati testified that when he inspected the cable, he observed that the original iron pipe conduit surrounding the cable had been removed. Arcati also observed that the lead sheath ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.