Egan v Consolidated Edison

Egan v Consolidated Edison 2011 NY Slip Op 04174 Decided on May 19, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 19, 2011
Andrias, J.P., Friedman, Freedman, Richter, Román, JJ.
5139 301490/08

[*1]James W. Egan, Plaintiff-Respondent,

v

Consolidated Edison, Defendant-Respondent, -and- New York Yankees Partnership, Defendant-Appellant.



 
Gordon & Silber, P.C., New York (Andrew B. Kaufman of
counsel), for appellant.
Alexander J. Wulwick, New York, for James W. Egan,
respondent.
Law Offices of Richard W. Babinecz, New York (Helman R.
Brook of counsel), for Consolidated Edison, respondent.

Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered on or about August 12, 2010, which denied the motion of defendant New York Yankees Partnership (Yankees) for summary judgment dismissing the complaint and all cross claims as against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Dismissal of the complaint and all cross claims as against the Yankees is appropriate in this action where plaintiff was injured when he allegedly slipped and fell on an icy condition on the edge of an open transformer vault where Con Edison was working. The vault was owned by defendant Consolidated Edison which had a duty to maintain such area. Furthermore, no evidence was presented which raised a triable issue of fact concerning whether the snow removal efforts by the Yankees caused or created the hazardous condition or exacerbated it (see Gleeson v New York City Tr. Auth., 74 AD3d 616, 617 [2010]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 19, 2011 [*2]

CLERK