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PACIOREK v. CONSOLIDATED EDISON CO. OF NEW YORK

259 A.D.2d 531 (1999)

684 N.Y.S.2d 911

JANUSZ PACIOREK, as Administrator ad Prosequendum of ANDREZEJ PACIOREK, Deceased, Plaintiff, v. CONSOLIDATED EDISON CO. OF NEW YORK, Defendant and Third-Party Plaintiff. BIG APPLE WRECKING AND CONSTRUCTION CORP., Third-Party Defendant-Respondent; R.A.F. SERVICES, INC., Third-Party Defendant-Appellant.

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

Decided March 8, 1999.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court's conclusion that there are questions of fact as to whether the second third-party defendant breached a duty to the second third-party plaintiff by failing to provide certain safety evaluations and recommendations, and whether the failure to do so may have contributed to the accident (see generally, City of Rochester v Homsten Ice Rinks, 155 A.D.2d 939

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