City of New York v. Consolidated Edison Co.

—Order and judgment (one paper), Supreme Court, New York County (Alice Schlesinger, J.), entered on or about September 8, 1992, which, inter alia, granted defendant’s cross-motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The City is not entitled to indemnification from Con Ed; since the jury apportioned 40% of the fault against the City, common law indemnification is inapplicable (see, D’Ambrosio v City of New York, 55 NY2d 454). Also, contrary to the City’s claim, Administrative Code of the City of New York § 19-107 does not provide for…