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CONDERMAN v. ROCHESTER GAS

180 Misc.2d 8 (1998)

687 N.Y.S.2d 213

Beverly A. Conderman et al., Plaintiffs, v. Rochester Gas & Electric Corporation et al., Defendants. Lee Napolitano et al., Plaintiffs, v. Rochester Gas & Electric Corporation et al., Defendants.

Supreme Court, Monroe County.

July 8, 1998

Attorney(s) appearing for the Case

DiNardo, DiNardo & Lukasik, P. C. (Emil R. DiNardo of counsel), for Beverly Conderman and another, plaintiffs. Gallo & Iacovangelo (Joseph B. Rizzo of counsel), for Lee Napolitano and another, plaintiffs. Oppenheimer & Greenfield (Louis D'Amanda and Thomas G. Collins of counsel), for Ogden Telephone Company, defendant. Connors & Corcoran (Roger W. Avery of counsel), for Greater Rochester Cablevision, defendant. Michael R. Vaccaro for Osmose Wood Preserving, Inc., defendant.

WILLIAM P. POLITO, J.

The plaintiffs' motion for summary judgment is partially granted. The plaintiffs are entitled to a "res ipsa" position at trial regarding pole No. 103 and the two poles carrying the "live" wires which struck the plaintiffs Napolitano's vehicle. Defendants are also precluded from introducing evidence to rebut the presumption of negligence, but are not precluded from testing and/or introducing...

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