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LOPEZ v. CON ED CO OF NY

87 Misc.2d 947 (1974)

Lozaro Lopez et al., Respondents, v. Consolidated Edison Company of New York, Inc., Appellant and Third-Party Plaintiff-Appellant. Peckham Road Corporation, Third-Party Defendant-Respondent.

Supreme Court, Appellate Term, First Department.

December 9, 1974

Attorney(s) appearing for the Case

Williams & O'Neill (Barry S. Goldstein, Peter A. Hagan and Francis M. Leonard, Jr., of counsel), for appellant and third-party plaintiff-appellant. Zale, Toberoff & Gould (Benjamin H. Siff and Thomas R. Newman of counsel), for Lozaro Lopez, respondent. Lawrence M. Rosenberg and Seymour Armstrong for Eugene Sudlow, respondent. Burke, Curry, Hammill & O'Brien (John P. Cooke of counsel), for third-party defendant-respondent.

DUDLEY, J. P., and FINE, J., concur in Per Curiam opinion; QUINN, J., dissents in a separate memorandum.

Per Curiam.

The jury having found in favor of plaintiffs on sufficient evidence, we find no basis for disturbing its determination. The court is unanimous in its finding that Consolidated Edison was properly cast in damages to plaintiffs.

A majority of the court also is persuaded that the trial court properly dismissed the third-party complaint. At the time of the accident plaintiffs were engaged in knocking...

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