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SCHULMAN v. CONSOL. ED

85 A.D.2d 186 (1982)

Walter L. Schulman et al., Respondents, v. Consolidated Edison Co. of New York, Inc., et al., Appellants

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

March 9, 1982

Attorney(s) appearing for the Case

Alexander J. Wulwick of counsel (L. Kevin Sheridan with him on the brief; Diamond, Rutman & Costello, attorneys), for Donna Wehner, appellant.

Joseph D. Ahearn of counsel (Michael Majewski with him on the brief; Ernest J. Williams, attorney), for Consolidated Edison Co. of New York, Inc., appellant.

Paul S. Devine of counsel (Edward J. Hart and Wade T. Dempsey with him on the brief; Curtis, Hart & Zaklukiewicz, attorneys), for Rudolph D. Wehner, appellant.

Emilio Nunez of counsel (Pamela Anagnos Liapakis with him on the brief; Lipsig, Sullivan & Liapakis, P. C., attorneys), for respondents.

MURPHY, P. J., CARRO, MARKEWICH, SILVERMAN and LYNCH, JJ., concur.

Per Curiam.

This action was brought to recover damages resulting from injuries to the plaintiff husband, and derivatively to his plaintiff wife, that occurred when a car in which he was a passenger struck at night a mound of dirt and an excavation made in College Point Boulevard by the defendant Consolidated Edison (Con Ed). The jury has awarded the plaintiffs substantial damages. The defendants-appellants allege a...

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