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LAMORTE v. CITY OF NEW YORK

9120, 120319/02.

107 A.D.3d 439 (2013)

967 N.Y.S.2d 331

2013 NY Slip Op 4109

JOSEPH LAMORTE et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants. (And a Third-Party Action.) CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Second Third-Party Plaintiff-Respondent, v. FELIX EQUITIES INC., Second Third-Party Defendant, and ROADWAY CONTRACTING, INC., Second Third-Party Defendant-Appellant.

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

Decided June 6, 2013.

On May 26, 2002, plaintiff Joseph LaMorte was injured while riding a bicycle on Seventh Avenue between 21st and 22nd Streets in Manhattan. In January 2001, second third-party defendant Roadway Contracting, Inc. had performed road work in that spot under a contract with second third-party plaintiff Consolidated Edison Company of New York, Inc. (Con Edison).

A little more than one year before the injured plaintiff's accident, Con Edison and Roadway entered into the...

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