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

Index Nos. 158715/17, 595442/18. Appeal No. 812. Case No. 2022-04296.

220 A.D.3d 510 (2023)

198 N.Y.S.3d 310

2023 NY Slip Op 05226

Joanne Lowman, Appellant-Respondent, v. Consolidated Edison Company of New York, Inc., et al., Respondents-Appellants. Consolidated Edison Company of New York, Inc., Third-Party Plaintiff-Respondent-Appellant, v. Nelson Services Systems, Inc., Third-Party Defendant-Appellant-Respondent.

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

Decided October 17, 2023.

Attorney(s) appearing for the Case

Kenneth J. Gorman , New York, for Joanne Lowman, appellant-respondent.

Strikowsky Drachman & Shapiro, New York ( Sim R. Shapiro of counsel), for Nelson Services Systems, Inc., appellant-respondent.

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

Concur— Webber, J.P., Oing, Rodriguez, Rosado, JJ.

Order, Supreme Court, New York County (Sabrina Kraus, J.), entered March 9, 2022, which, inter alia, denied plaintiff's motion for partial summary judgment on the issue of liability, denied third-party defendant Nelson Service System's (Nelson) motion for summary judgment dismissing the third-party complaint, granted Consolidated Edison Company of New York, Inc.'s, (Con Ed) motion for summary judgment on its breach of contract claim for Nelson's failure to procure the proper...

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