VARGAS v. CON EDISON CO. OF N.Y., INC.

Index No. 158885/18, Appeal No. 1723, Case No. 2023-00651.

2024 NY Slip Op 00943

JONATHON VARGAS, Plaintiff-Respondent, v. CON EDISON COMPANY OF NEW YORK, INC., Defendant-Appellant.

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

Decided February 22, 2024.


Attorney(s) appearing for the Case

Heidell, Pittoni, Murphy & Bach, LLP, New York ( Daniel S. Ratner , of counsel), for appellant.

Thomas O. O'Connor, PLLC, White Plains ( Thomas O. O'Connor , of counsel), for respondent.

Before: Oing, J.P., Kapnick, Kennedy, Mendez, Higgitt, JJ.


Order, Supreme Court, New York County (James E. d'Auguste, J.), entered on or about January 13, 2023, which granted plaintiff's motion for summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion denied.

Triable issues of fact exist as to where and how the accident occurred, which preclude summary judgment on the issue of liability. Plaintiff's deposition testimony, complaint, and bill of particulars allege that he...

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