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SPADARO v. CONSOL. EDISON CO. OF NEW YORK

73 A.D.2d 616 (1979)

Winifred Spadaro et al., Appellants, v. Consolidated Edison Company of New York et al., Defendants, and Baker-Firestone, Inc., Respondent

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

December 10, 1979

Order affirmed, with $50 costs and disbursements.

On September 27, 1977 the plaintiff wife allegedly fell in front of premises at 64 Sagamore Road, Bronxville, and sustained injuries. At the time, defendants Consolidated Edison Company of New York and New Rochelle Water Company were doing construction work in the immediate vicinity of the scene of the accident. In moving to dismiss the complaint as against it, Baker showed by documentary evidence, i.e., a "Declaration...

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