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NEW YORK IND. CONTRS. ALLIANCE, INC. v. CONSOLIDATED EDISON CO. OF N.Y., INC.

2018-06911. Index No. 708737/17.

189 A.D.3d 1052 (2020)

133 N.Y.S.3d 882

2020 NY Slip Op 07386

New York Independent Contractors Alliance, Inc., Appellant, v. Consolidated Edison Company of New York, Inc., Respondent.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Law Offices of Jennifer Smith PLLC, New York, NY, for appellant.

Morgan, Lewis & Bockius LLP, New York, NY ( Stacey Anne Mahoney , Hugo Ruiz de la Torre , and James D. Nelson , pro hac vice, of counsel), for respondent.

Rivera, J.P., Leventhal, LaSalle and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff filed a petition before the Public Service Commission seeking redress against the defendant, and the matter has not been concluded. Thereafter, the plaintiff commenced this action against the defendant for declaratory relief. The defendant moved pursuant to CPLR 3211(a) to dismiss the complaint. In an order entered April 17, 2018, the Supreme Court granted the defendant's motion. The plaintiff appeals....

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