PAUL WOOTEN, J.
In Motion Sequence Number 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 Number 011, plaintiff moves for partial summary judgment on the issue of liability against Nico and Con Ed.
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