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MILLER v. CITY OF NEW YORK

8630, 108972/09, 591010/09.

100 A.D.3d 561 (2012)

954 N.Y.S.2d 100

2012 NY Slip Op 8074

JODI MILLER, Plaintiff, v. CITY OF NEW YORK, Defendant, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Appellant/ Third-Party Plaintiff-Appellant, and SAFEWAY CONSTRUCTION ENTERPRISES, INC., Respondent/Third-Party Defendant-Respondent, et al., Defendant/Third-Party Defendant.

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

November 27, 2012.

Pursuant to a contract with Con Ed, Safeway performed excavation, conduit installation, and backfilling at an intersection where, a few days later, plaintiff allegedly was injured when the front wheel of her scooter fell into a trench in the roadway. The contract called for Safeway to leave the trench 1½ inches below grade; the Con Ed construction representative who oversaw Safeway's work testified that Safeway restored the trench to a depth of 1½ inches below grade...

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