WAGNER v. A.B. CHANCE CO.-PITMAN DIV.


186 A.D.2d 126 (1992)

Kenneth Wagner et al., Appellants-Respondents, v. A.B. Chance Company-Pitman Division, Defendant and Third-Party Plaintiff-Respondent-Appellant. Consolidated Edison Company of New York, Inc., Third-Party Defendant-Respondent

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

September 14, 1992


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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