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GUTHEIL v. CONSOLIDATED EDISON OF N.Y. CO., INC.

9443, 106295/05.

104 A.D.3d 434 (2013)

961 N.Y.S.2d 78

2013 NY Slip Op 1468

ERIK GUTHEIL, Respondent-Appellant, v. CONSOLIDATED EDISON OF NEW YORK COMPANY, INC., Respondent, and NICO ASPHALT PAVING, INC., Appellant-Respondent, et al., Defendants.

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

March 7, 2013.

Order, Supreme Court, New York County (Paul Wooten, J.), entered June 27, 2011, which, insofar as appealed from, denied defendant Nico Asphalt Paving, Inc.'s (Nico Asphalt) motion for summary judgment dismissing the complaint and all cross claims as against it, and denied plaintiff's motion for partial summary judgment on the issue of liability as against Nico Asphalt and defendant Consolidated Edison of New York Company, Inc. (Con Ed), unanimously modified, on the law, to...

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