BERLINER v. CONSOLIDATED EDISON, INC.

8930, 151345/13.

171 A.D.3d 492 (2019)

98 N.Y.S.3d 40

2019 NY Slip Op 02651

Andrew Berliner et al., Appellants, v. Consolidated Edison, Inc., et al., Respondents, et al., Defendant.

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

Decided April 9, 2019.


During Superstorm Sandy, plaintiffs and others went outside to see whether fallen trees in their neighborhood could be cleared from the roadway. As they were returning to one of their homes, another tree fell across the roadway and onto a series of overhead utility wires, causing a utility pole to snap, fall over, and strike plaintiffs.

Con Ed, which was responsible for installing and maintaining the pole, established entitlement to judgment as a matter of law by...

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