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FENTON v. CONSOL. EDISON

165 A.D.2d 121 (1991)

Roger Fenton, Respondent, v. Consolidated Edison Company of New York, Inc., Appellant and Third-Party Plaintiff, et al., Defendant, et al., Third-Party Defendants

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

February 14, 1991

Attorney(s) appearing for the Case

DeBlasio & Alton, P. C., and Alexander J. Wulwick for respondent.

Joseph Scibilia of counsel (Joan M. Faley with him on the brief; Deegan & Scibilia, attorneys), for appellant.

CARRO, WALLACH and RUBIN, JJ., concur.

SULLIVAN, J. P.

On August 29, 1982, plaintiff, then 27 years of age, was seriously injured when, while riding his motorbike along a dirt access road in the Town of Yorktown on a right-of-way owned by Consolidated Edison Company of New York, Inc. (Con Edison), he was thrown from the bike when it struck a ditch, one of many placed in the road by Con Edison to prevent erosion.

The dirt access road, approximately...

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