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CAROLLO v. CONSOL. EDISON CO. OF NEW YORK, INC.

57 A.D.2d 853 (1977)

Vincenzo Carollo, Plaintiff, v. Consolidated Edison Co. of New York, Inc., Defendant and Third-Party Plaintiff-Respondent. Narco Enterprises, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 9, 1977

Judgment affirmed insofar as appealed from, with costs.

On September 30, 1971 the third-party defendant-appellant, Narco Enterprises (Narco), was performing certain excavation work for Consolidated Edison Co. (Con Ed), the third-party plaintiff-respondent, pursuant to a contract entered into between them in August, 1971. While working in the trench, plaintiff and two coworkers detected the presence of gas and informed their foreman, James O'Halloran, who notified...

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