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

Order, Supreme Court, Bronx County (George Friedman, J.), entered on or about December 17, 1998, which, inter alia, set aside a jury verdict finding all defendants negligent but that the negligence of third-party defendant Dynamic Plumbing Consultants Corp. and its employee plaintiff William Leonardo was not a proximate cause of the accident, and held that Leonardo and Dynamic were negligent as a matter of law and that their negligence proximately caused the incident, and ordered a new trial on apportionment and damages only, unanimously affirmed, without costs.

The court properly set aside…