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TRINKLE v. ORANGE & ROCKLAND UTILS. INC.

2018-06365, 2018-14022. Index No. 8673/15.

200 A.D.3d 988 (2021)

160 N.Y.S.3d 86

2021 NY Slip Op 07289

Savannah Trinkle et al., Appellants, v. Orange and Rockland Utilities Incorporated et al., Respondents, et al., Defendant.

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

Decided December 22, 2021.

Attorney(s) appearing for the Case

Salenger, Sack, Kimmel & Bavaro, LLP, Woodbury, NY ( Beth S. Gereg of counsel), for appellants.

Wilder & Linneball, LLP, Buffalo, NY ( Laura A. Linneball of counsel), for respondents Orange and Rockland Utilities Incorporated and Consolidated Edison Company of New York.

Gerber Ciano Kelly Brady LLP, New York, NY ( Michael Lettiero and Patrick B. Omilian of counsel), for respondent Titanic Underground Contractors Corp.

Rivera, J.P., Brathwaite Nelson, Christopher and Genovesi, JJ., concur.

Ordered that the order dated February 26, 2018, is affirmed; and it is further,

Ordered that the order dated September 26, 2018, is reversed insofar as appealed from, on the law, and that branch of the motion of the defendants Orange and Rockland Utilities Incorporated and Consolidated Edison Company of New York which was for summary judgment dismissing the complaint insofar as asserted against the defendant Orange and Rockland Utilities Incorporated, and that branch...

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