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COOK v. CONSOLIDATED EDISON COMPANY OF NY, INC.

51 A.D.3d 447 (2008)

859 N.Y.S.2d 117

MARY E. COOK, Respondent, v. CONSOLIDATED EDISON COMPANY OF NY, INC., Defendant, E PLUS E LLC, Appellant, and MADISON 55TH RESTAURANT, INC., Individually and Doing Business as "BURGER HEAVEN," et al., Appellants-Respondents.

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

Decided May 6, 2008.

Plaintiff alleges that she tripped in the gap between two shunt boards that had been placed by defendant Con Edison on the sidewalk in front of tenant's restaurant to cover temporary wires laid by Con Edison to restore electricity to the premises. With respect to both tenant and owner, issues of fact exist as to whether the placement of the shunt boards constituted a special use of the sidewalk such as to give rise to a duty to...

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