COSME v. CITY OF NEW YORK

Index No. 30370/17, Appeal No. 1412, Case No. 2022-05732.

2024 NY Slip Op 00264

JESUS F. COSME, Plaintiff-Appellant, v. THE CITY OF NEW YORK ET AL., Defendants-Respondents. CONSOLIDATED EDISON COMPANY OF NEW YORK INC., ET AL., Defendants.

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

Decided January 23, 2024.


Attorney(s) appearing for the Case

Harris, Keenan & Goldfarb, PLLC, New York ( Mariel Crippen and Judith Stempler of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Janet L. Zaleon of counsel), for The City of New York, respondent.

London Fischer LLP, New York ( Sean Hughes of counsel), for Welsbach Electric Corp., respondent.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains ( Danielle Tauber of counsel), for Nico Asphalt Paving Inc., respondent.

Before: Renwick, P.J., Manzanet-Daniels, González, Rodriguez, Pitt-Burke, JJ.


Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered June 23, 2022, which granted the motion of defendant Nico Asphalt Inc. and the cross-motion of defendant Welsbach Electric Corp. for summary judgment dismissing the complaint and cross-claims as against them, unanimously reversed, on the law, without costs, and Nico Asphalt Inc. and Welsbach's motion and cross-motion denied.

Welsbach, an electrical contractor, contracted with defendant City of...

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