De Witt Properties v. City New York

[44 N.Y.2d 417 Page 420] Opinion OF THE COURT In an action to recover for damage to the plaintiffs' premises as the result of a burst water main in a Manhattan street, a jury returned a verdict against the City of New York which owns the water main, and against Consolidated Edison (Con Ed) for negligently installing a gas pipe on top of the city's water main. On this appeal by the city it is urged that there is no basis for holding the city liable because there is no evidence [44 N.Y.2d 417 Page 421]