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

17226/04, 4996, 4997, 84862/05.

84 A.D.3d 476 (2011)

923 N.Y.S.2d 57

PATRICK NOEL FOLEY, Respondent-Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Respondent, and JOHN DEERE CONSUMER PRODUCTS, INC., et al., Appellants-Respondents, et al., Defendants. JOHN DEERE CONSUMER PRODUCTS, INC., et al., Third-Party Plaintiffs-Appellants, v. ROADWAY CONTRACTING, INC., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided May 5, 2011.

Plaintiff commenced this action to recover for burn injuries he sustained while excavating a trench in lower Manhattan for his employer Roadway, which was a subcontractor for Con Edison. Plaintiff was burned when a hand-held saw manufactured by John Deere caught on fire as he was attempting to cut through a pipe.

The record evidence demonstrated that Con Edison did not control the method and means of plaintiff's work and at most exercised general supervisory powers...

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