ROYAL FARMS, INC. v. CITY OF NEW YORK


104 A.D.2d 799 (1984)

Royal Farms, Inc., Respondent, v. City of New York, Defendant, and Consolidated Edison Company of New York, Inc., Appellant. (And Another Title.)

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

October 1, 1984


Order modified, on the law, by deleting the first and second decretal paragraphs thereof and substituting therefor a provision granting plaintiff Royal Farms, Inc.'s motion for summary judgment in the first action only to the extent of collaterally estopping defendant Consolidated Edison Company of New York, Inc. from contesting the issue of its gross negligence, and setting the matter down for trial on all other relevant issues. As so modified, order affirmed, insofar as...

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