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DERDIARIAN v. FELIX CONTR CO

51 N.Y.2d 308 (1980)

Harold Derdiarian et al., Respondents, v. Felix Contracting Corp., Appellant, and Consolidated Edison Company of New York, Inc., Respondent, et al., Defendants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided November 20, 1980.

Attorney(s) appearing for the Case

Harold Lee Schwab and Steven B. Prystowsky for appellant.

Joseph J. Klem and Ernest J. Williams for Consolidated Edison Company of New York, Inc., respondent.

Edwin N. Weidman and Norman E. Frowley for Harold Derdiarian and another, respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur; Judge FUCHSBERG taking no part.

Chief Judge COOKE.

The operator of a motor vehicle, who failed timely to ingest a dosage of medication, suffered an epileptic seizure and his vehicle careened into an excavation site where a gas main was being installed beneath the street surface. The automobile crashed through a single wooden horse-type barricade put in place by the contractor and struck an employee of a subcontractor, who was propelled into...

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