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GORDIAN v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

60 A.D.3d 600 (2009)

876 N.Y.S.2d 39

JOSEPHINE GORDIAN, Respondent, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Appellants.

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

Decided March 31, 2009.

Plaintiff was injured when, while stepping on a manhole cover, the cover flipped open causing plaintiff to fall into the hole; plaintiff also felt "something hot" emanate from the opened hole. Defendants did not own or operate the subject manhole cover, which capped a chute through which coal was delivered into a basement storage room in the early days of a school.

Defendants' motion should have been granted, as the evidence

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