Manson v. Consolidated Edison Co.

—Order, Supreme Court, New York County (William J. Davis, J.), entered on or about January 20, 1994, denying defendant-appellant’s cross motion for summary judgment, unanimously reversed, on the law, without costs, the cross motion for summary judgment pursuant to CPLR 3212 is granted and the complaint is dismissed as against said defendant-appellant. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing and severing the action as to it.

Plaintiff’s complaint alleged and the ensuing discovery, which included plaintiff’s deposition, established that the plaintiff’s…