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COX v. CONSOLIDATED EDISON, INC.

2013-05114, Index No. 18080/06.

125 A.D.3d 923 (2015)

ANTONINE ROSE COX et al., Plaintiffs, v. CONSOLIDATED EDISON, INC., Defendant/Third-Party Plaintiff-Respondent, et al., Defendants. MECC CONTRACTING, INC., Third-Party Defendant-Appellant.

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

Decided February 25, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Antonine Rose Cox (hereinafter the injured plaintiff) allegedly was injured when she tripped and fell over a steel road plate at the intersection of Parsons Boulevard and Union Turnpike in Queens on September 1, 2003. The injured plaintiff and her husband, suing derivatively, alleged that the accident was due to the construction work being undertaken at that intersection by the...

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