Legal Question in Civil Litigation in New York

Property Damage, who will pay repairs?

Cable company notifies residents by letter that neighborhood is being wired up for cable. If block has no utility poles, cables will be attached to back of houses. They state Federal Law allows them to enter peoples' back yards, properties, etc. to attach cables. They assure no damage will be done to anybody's property. Cable company contracts another company to physically do the installing, etc. After work completed, my awning which extends over large portion of back yard is damaged. I notify cable company, refer to their letter, they know nothing. I ask who did the work, they say they don't know. I write a letter requesting damages, they don't respond. I take them to small claims court and lose because their attorney says they did not do the work, they used a contractor. The arbitrator dismisses case without prejudice and suggests I sue again provided I find out who did the work. My question is should the cable company be responsible for damages because I believe the arbitrator's decision was incorrect. Is there any way to force them to tell me who they hired to do the work?


Asked on 6/18/00, 10:11 am

1 Answer from Attorneys
David Wright Law Offices of David Wright

Re: Property Damage, who will pay repairs?

All cable operators are required by Public Service Commission regulations to provide a very detailed description of where they are working. This description is supposed to be on file with the municipality -- are you within NYC? NYC has a special office devoted entirely to cable issues, and you should be able to get the exact info. from them. Cable operators are required by their Franchise Agreement with NYC (also a public record) to post a good sized insurance policy, I believe NYC also requires the name of insuror be filed with them. In the last resort, if you receive no help, call the New York State Public Service Commission, Division of Cable Communication Services, in Albany. PSC has a site on the web at www.dps.state.ny.us/ They have lots of folks who can help.

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Answered on 8/16/00, 5:49 pm


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