Lopez v. Consolidated Edison Co. of New York, Inc.

The jury having found in favor of plaintiffs on sufficient evidence, we find no basis for disturbing its determination. The court is unanimous in its finding that Consolidated Edison was properly cast in damages to plaintiffs.

A majority of the court also is persuaded that the trial court *948properly dismissed the third-party complaint. At the time of the accident plaintiffs were engaged in knocking out with a crowbar small square openings in a concrete vault that Peck-ham Road Corporation, the third-party defendant, was installing for Consolidated Edison, so as to permit the introduction of…