LEWIS v. CITY OF NEW YORK

2009-11481.

82 A.D.3d 1054 (2011)

919 N.Y.S.2d 351

RODNEY M. LEWIS et al., Respondents, v. CITY OF NEW YORK et al., Respondents, NEW YORK PAVING, INC., Appellant-Respondent, and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Respondent-Appellant.

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

Decided March 22, 2011.


Ordered that the order is reversed, on the law, with one bill of costs, and the motion of the defendant New York Paving, Inc., and the cross 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 each of them are granted.

A contractor may be liable for an affirmative act of negligence which results in the creation of a dangerous condition upon a public street...

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