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ELIASSIAN v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

300 A.D.2d 51 (2002)

751 N.Y.S.2d 15

AGHAJAN ELIASSIAN, Respondent, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Defendants, and 46-47 L.L.C., Appellant.

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

Decided December 5, 2002.

Plaintiff was allegedly injured as a consequence of tripping upon a shunt board that had been placed on an area of the sidewalk abutting defendant-appellant 46-47 L.L.C.'s (46-47) premises to cover temporary cables, laid by defendant Consolidated Edison to restore electricity to 46-47's premises. Inasmuch as there is a triable factual issue as to whether the placement of shunt boards under these circumstances constituted a special use of the sidewalk by 46-47 giving rise...

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