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LYNCH v. CONSOLIDATED EDISON, INC.

4424, 109339/07.

82 A.D.3d 442 (2011)

917 N.Y.S.2d 863

DENISE LYNCH et al., Appellants, v. CONSOLIDATED EDISON, INC., Respondent, et al., Defendant.

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

Decided March 3, 2011.

Plaintiff Denise Lynch was injured when she tripped on a defect on a roadway in the area of a manhole cover. Approximately one month before the accident, defendant Nico Asphalt, which was hired by Con Ed, repaved the area surrounding the manhole cover. The jury found that the area surrounding the manhole cover was not in a reasonably safe condition, but that Nico Asphalt was not negligent in paving the area. Due to the configuration of the verdict sheet, the jury then concluded...

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