Ordered that the interlocutory judgment is reversed insofar as appealed and cross-appealed from, on the law, and a new trial is granted, with costs to abide the event.
On September 24, 1982, the plaintiff Kenneth Wagner, an employee of the third-party defendant, Consolidated Edison Company of New York, Inc. (hereinafter Con Edison), was injured while he was supervising the installation of a new utility pole in the vicinity of Metropolitan Avenue and 70th Street, in...
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