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HERNANDEZ v. CONSOLIDATED EDISON CO. OF N.Y., INC.

Index No. 153726/13. Appeal No. 14470. Case No. 2020-02611.

198 A.D.3d 564 (2021)

156 N.Y.S.3d 187

2021 NY Slip Op 05813

Ramon Hernandez, Appellant, v. Consolidated Edison Company of New York, Inc., Respondent.

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

Decided October 26, 2021.

Attorney(s) appearing for the Case

Heidell, Pittoni, Murphy & Bach, LLP, New York ( Daniel S. Ratner of counsel), for appellant.

Heriberto A. Cabrera , Brooklyn, for respondent.

Concur—Kern, J.P., Oing, Singh, Mendez, Higgitt, JJ.

The trial evidence amply supported the jury's verdict that Con Ed was negligent in rewiring subterranean electrical cables so that their phases were switched, causing three-phase machinery of downstream customers to operate in reverse (see generally Cohen v Hallmark Cards, 45 N.Y.2d 493, 499 [1978]). Con Ed workers were aware of the phase switch, and had been alerted to the fact that a nearby supermarket's conveyer belt rolled backwards...

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