PEPITONE v. CONSOLIDATED EDISON CO. OF N.Y.

1197, 109977/10.

139 A.D.3d 541 (2016)

30 N.Y.S.3d 555

2016 NY Slip Op 03971

EDWARD PEPITONE, Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK et al., Defendants, and TIME WARNER ENTERTAINMENT, Respondent.

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

Decided May 19, 2016.


The motion was improperly granted in this action where plaintiff was injured when cable lying in the roadway became entangled in his car as he was driving, causing the car to become airborne. Similar cable was hanging from a utility pole near the scene and Time Warner's employee testified that Time Warner owned some of the cable on the pole. The employee also said that Time Warner did not regularly inspect its cable, but only responded to complaints or reports of problems...

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