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LOPEZ v. CONSOL. EDISON

40 N.Y.2d 605 (1976)

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

Court of Appeals of the State of New York.

Decided October 21, 1976.

Attorney(s) appearing for the Case

Francis M. Leonard, Jr., and Barry S. Goldstein, New York City, for appellant.

R. Marshall Sweetbaum and Gregory H. Hammill, New York City, for third-party defendant-respondent.

Chief Judge BREITEL and Judges JONES and COOKE concur with Judge JASEN; Judges GABRIELLI, WACHTLER and FUCHSBERG dissent and vote to reverse on the dissenting memorandum by the late Mr. Justice PETER A. QUINN at the Appellate Term.

JASEN, J.

Plaintiffs Lozaro Lopez and Eugene Sudlow were injured by a natural gas explosion in a manhole under construction pursuant to a contract between their employer, Peckham Road Corporation (Peckham) and the Consolidated Edison Company (Con Ed). The injured workmen instituted negligence actions against Con Ed. Rita Sudlow brought a derivative action against Con Ed, seeking damages for loss of her husband...

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