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ROSS v. NO PARKING TODAY, INC.

Index No. 151700/22, Appeal No. 1689, Case No. 2023-01756.

2024 NY Slip Op 00880

GRAHAM ROSS ETC., ET AL., Plaintiffs-Appellants, v. NO PARKING TODAY, INC., Defendant, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant-Respondent.

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

Decided February 20, 2024.

Attorney(s) appearing for the Case

Virginia & Ambinder, LLP, New York ( James E. Murphy of counsel), for appellants.

Littler Mendelson, P.C., New York ( Eli Z. Freedberg and Jennifer S. Kim of counsel), for respondent.

Before: Kern, J.P., Singh, Scarpulla, O'Neill Levy, Michael, JJ.

Order, Supreme Court, New York County (Lucy Billings, J.), entered March 27, 2023, which granted defendant Consolidated Edison Company of New York, Inc.'s (Con Edison's) motion to dismiss the second cause of action against it, unanimously modified, on the law, without costs, to deny the motion to the extent that it is based upon a contract between Con Edison and the City, and otherwise affirmed, without costs.

In this putative class action, plaintiff Graham Ross and...

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