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123 CUTTING CO., INC. v. TOPCOVE ASSOCIATES, INC.

2 A.D.3d 606 (2003)

770 N.Y.S.2d 365

123 CUTTING CO., INC., et al., Plaintiffs, v. TOPCOVE ASSOCIATES, INC., et al., Defendants. (Action No. 1.) POSITIVE INFLUENCE FASHION, INC., Plaintiff, and TOPCOVE ASSOCIATES, INC., Appellant, v. CITY OF NEW YORK, Defendant, and CONSOLIDATED EDISON COMPANY et al., Respondents. (Action No. 2.) (And Another Action.)

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

December 15, 2003.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted those branches of the separate motions of Consolidated Edison Company of New York, Inc., sued herein as Consolidated Edison Company and Ward Mechanical Corp., defendants in Action No. 2, inter alia, for summary judgment dismissing the complaint in that action insofar as asserted by the appellant Topcove Associates, Inc., against them based on lack of capacity to sue. When the appellant...

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