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EGAN v. EDISON

5139, 301490/08.

84 A.D.3d 613 (2011)

923 N.Y.S.2d 101

JAMES W. EGAN, Respondent, v. CONSOLIDATED EDISON, Respondent, and NEW YORK YANKEES PARTNERSHIP, Appellant.

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

Decided May 19, 2011.

Dismissal of the complaint and all cross claims as against the Yankees is appropriate in this action where plaintiff was injured when he allegedly slipped and fell on an icy condition on the edge of an open transformer vault where Consolidated Edison was working. The vault was owned by defendant Consolidated Edison, which had a duty to maintain such area. Furthermore, no evidence was presented which raised a triable issue of fact...

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