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BARCA v. CITY OF NY

13 Misc.3d 464 (2006)

819 N.Y.S.2d 631

DAWN BARCA et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party Plaintiff, v. TRI-MESSINE CONSTRUCTION CO., Third-Party Defendant.

Supreme Court, Bronx County.

February 15, 2006.

Attorney(s) appearing for the Case

Richard W. Babinecz, New York City (Thomas H. Reid of counsel), for Consolidated Edison Company of New York, Inc., defendant and third-party plaintiff.

Steven R. Sundheim & Associates, LLC, White Plains (Deborah A. Summers of counsel), for third-party defendant.

OPINION OF THE COURT

LUCY BILLINGS, J.

I. Background

Plaintiffs sue to recover for personal injuries and loss of services suffered October 3, 2000, when plaintiff Dawn Barca fell on a roadway adjacent to a curbside sewer grating in Bronx County. Defendant and third-party plaintiff Consolidated Edison Company of New York, Inc. and third-party defendant Tri-Messine Construction Co. separately move for summary judgment dismissing all claims...

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