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

220 A.D.2d 374 (1995)

633 N.Y.S.2d 138

Elsworth Manson, Respondent, v. Consolidated Edison Company of New York, Inc., et al., Defendants, and Tishman Construction Corporation, Appellant. (And Another Action.)

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

October 31, 1995

Plaintiff's complaint alleged and the ensuing discovery, which included plaintiff's deposition, established that the plaintiff's accident occurred on the south side of East 49th Street in Manhattan. It was also established and remains uncontroverted, that the defendant-appellant Tishman Construction Corporation was performing work on the north side of East 49th Street and that neither Tishman Construction Corporation nor any of its contractors put any trenches or performed...

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