CABEZAS v. CONSOLIDATED EDISON


296 A.D.2d 522 (2002)

745 N.Y.S.2d 210

CARLOS F. CABEZAS et al., Respondents, v. CONSOLIDATED EDISON, Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided July 22, 2002.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiffs' cross motion which was for partial summary judgment on the cause of action pursuant to Labor Law § 240 (1) is denied, that branch of the appellant's cross motion which was for summary judgment dismissing that cause of action insofar as asserted against it is granted, and that cause of action is dismissed insofar as asserted against the appellant.

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