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CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. v. VILSMEIER AUCTION CO., INC.

21 A.D.3d 726 (2005)

800 N.Y.S.2d 690

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Respondent, v. VILSMEIER AUCTION CO., INC., Appellant.

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

September 1, 2005.

Defendant Vilsmeier Auction Co. (Vilsmeier) contracted with plaintiff Con Edison to prepare its used vehicles for public auctions,1 which were held quarterly. Vilsmeier's employees would come to Con Edison's Astoria facility, as needed, to "decommission" cars and trucks, collect the funds at the auction, and clean up the site afterwards. "Decommissioning" is the process of removing Con Edison decals and other identifying material from vehicles...

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