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  5. 151 A.D.2d 648 (1989)
 

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

151 A.D.2d 648 (1989)

Frances J. Landsiedel, Appellant, v. Consolidated Edison Company of New York, Inc., Respondent, and Capossella Construction Corp., Defendant and Third-Party Plaintiff-Respondent, et al., Third-Party Defendant-Respondent

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

June 19, 1989

Ordered that the order and judgment is reversed, on the law, and a new trial is granted as against the defendant third-party plaintiff and the defendant Consolidated Edison Company of New York, with costs to abide the event.

Viewed in a light most favorable to the plaintiff, the evidence produced at trial was legally sufficient to permit the jury to infer that her injuries were caused by the defendants' negligent failure to properly maintain the site of an excavation...

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