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MIZRAHI v. CONSOLIDATED EDISON CO. OF N.Y. INC.

Index No. 450676/16. Appeal No. 15644. Case No. 2021-03241.

204 A.D.3d 411 (2022)

163 N.Y.S.3d 805

2022 NY Slip Op 02228

Renee Mizrahi, Appellant, v. Consolidated Edison Company of New York Inc. et al., Respondents, et al., Defendant. (And Other Third-Party Actions.).

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

Decided April 5, 2022.

Attorney(s) appearing for the Case

Goldstein & Goldstein, P.C., Brooklyn ( Benjamin S. Goldstein , of counsel) for appellant.

Heidell, Pittoni, Murphy & Bach LLP, New York ( Daniel S. Ratner , of counsel) for Consolidated Edison Company of New York, Inc., respondent.

Fischetti & Pesce, LLP, Rockville Centre ( Michelle A. Gellman , of counsel) for Triumph Construction Corp., respondent.

Concur—Gische, J.P., Moulton, Scarpulla, Shulman, Pitt, JJ.

In this personal injury action plaintiff alleges that she fell off of her bicycle on the roadway on West 125th Street in Manhattan when her bicycle's front tire became caught in a raised metal plate, known as a "service box," located in the roadway. Con Ed owns and is responsible for maintaining the service box, and Triumph worked on the service box about three years before plaintiff fell. The record demonstrates that the pavement surrounding the service box was not involved...

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