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GUTHEIL v. CONSOLIDATED ED.

106295/05

34 Misc.3d 401 (2011)

931 N.Y.S.2d 455

2011 NY Slip Op 21358

ERIK GUTHEIL, Plaintiff, v. CONSOLIDATED EDISON OF NEW YORK COMPANY INC. et al., Defendants.

Supreme Court, New York County.

Decided June 20, 2011.

Attorney(s) appearing for the Case

McMahon Martine & Gallagher, Brooklyn, for Nico Asphalt Paving Inc., defendant. Harnick & Harnick, New York City, for plaintiff.

OPINION OF THE COURT

PAUL WOOTEN, J.

Motion sequence Nos. 009 and 011 are hereby consolidated for disposition.

In motion sequence No. 009, defendant Nico Asphalt Paving Inc. (Nico) moves for summary judgment dismissing all claims and cross claims. Defendant Consolidated Edison of New York Company, Inc. (Con Ed) cross-moves for summary judgment dismissing all claims and cross claims. In motion sequence No. 011, plaintiff moves for partial summary...

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