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McDONALD v. MAUSS

38 A.D.3d 728 (2007)

833 N.Y.S.2d 535

MICHAEL McDONALD, Respondent, v. ERIC D. MAUSS, Defendant, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Respondents, and TRI-MESSINE CONSTRUCTION CO., Appellant. (Appeal No. 1.) MICHAEL McDONALD, Respondent, v. ERIC D. MAUSS, Defendant, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Appellant, and TRI-MESSINE CONSTRUCTION CO. et al., Respondents. (Appeal No. 2.) MICHAEL McDONALD, Respondent, v. ERIC D. MAUSS, Defendant, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Respondents, and SAFEWAY CONSTRUCTION ENTERPRISES, INC., Appellant. (Appeal No. 3.)

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

Decided March 20, 2007.

Ordered that the orders are reversed, on the law, with one bill of costs, and the motions of the defendants Tri-Messine Construction Co. and Safeway Construction Enterprises, Inc., for summary judgment dismissing the complaint, all cross claims, and the third-party complaint insofar as asserted against them and the motion of the defendant Consolidated Edison Company of New York, Inc., for summary judgment dismissing the complaint and all cross claims insofar as asserted against...

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