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HAMILTON REALTY CO. v. CONSOL. EDISON CO. OF NEW YORK, INC.

238 A.D.2d 253 (1997)

656 N.Y.S.2d 614

35 Hamilton Realty Company et al., Respondents, v. Consolidated Edison Company of New York, Inc., Appellant, et al., Defendant. (And a Third-Party Action.)

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

April 22, 1997

Con Edison concedes that the explosion would not have occurred had its employee performed an integrity test on the building pipes before restoring gas service, in accordance with proper procedure. It argues, however, that summary judgment should not have been granted in favor of plaintiffs because issues of fact exist as to whether plaintiffs' negligence contributed to the explosion, and, assuming no such issues of fact, that its...

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