OTTENSTEIN v. CITY OF NEW YORK

2010-03393.

83 A.D.3d 1024 (2011)

922 N.Y.S.2d 153

JONATHAN OTTENSTEIN, Respondent, v. CITY OF NEW YORK, Respondent, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant/Third-Party Plaintiff, and TRI-MESSINE CONSTRUCTION COMPANY, INC., Defendant/Third-Party Defendant-Appellant, et al., Defendants, et al., Third-Party Defendant.

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

Decided April 26, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable by the plaintiff-respondent and the defendant-respondent, and the motion of the defendant/third-party defendant, Tri-Messine Construction Company, Inc., for summary judgment dismissing the complaint, the third-party complaint, and all cross claims insofar as asserted against it is granted.

The plaintiff alleged that he slipped and fell on ice that accumulated in...

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