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BOLANOS v. CITY OF NEW YORK

29 A.D.3d 455 (2006)

816 N.Y.S.2d 30

SEGUNDO BOLANOS et al., Appellants, v. CITY OF NEW YORK, Respondent and Third-Party Plaintiff. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party Defendant. CITY OF NEW YORK, Second Third-Party Plaintiff, v. EDENWALD CONTRACTING CO., INC., Second Third-Party Defendant-Respondent. (And Another Action.)

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

May 25, 2006.

On November 15, 1991, at approximately 6:00 A.M., Segundo Bolanos was driving eastbound in the right lane of West 57th Street when the front end of his car fell into a hole in the pavement. The excavation was near the southeast corner of 57th Street and the Avenue of the Americas. Bolanos and his wife sued the City, which in turn brought third-party complaints against Con Edison and Edenwald Contracting Co., Inc. There was evidence that both Con Edison and Edenwald had done...

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