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HENDERSON v. CITY OF NEW YORK

178 A.D.2d 129 (1991)

Greg Henderson, Appellant, v. City of New York, Respondent and Fourth-Party Plaintiff-Respondent, and New York City Transit Authority, Respondent and Third-Party Plaintiff-Respondent. Consolidated Edison, Third-Party Defendant-Respondent and Fourth-Party Defendant-Respondent

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

December 3, 1991

On or about July 17, 1986, in the vicinity of 40 Maiden Lane, New York County, Mr. Greg Henderson, twenty years of age, an employee of Consolidated Edison, was using a pneumatic drill (jackhammer), to enlarge an excavation beneath the roadway, to expose a steam leak. Suddenly that drill struck a live 13,500 volt electric main feeder cable, and the resulting explosion allegedly caused serious injuries to various parts of his body.

In November 1987, Mr. Henderson (plaintiff...

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