Gutheil v. Consolidated Edison of New York Co.

Order, Supreme Court, New York County (Paul Wooten, J.), entered June 27, 2011, which, insofar as appealed from, denied defendant Nico Asphalt Paving, Inc.’s (Nico Asphalt) motion for summary judgment dismissing the complaint and all cross claims as against it, and denied plaintiffs motion for partial summary judgment on the issue of liability as against Nico Asphalt and defendant Consolidated Edison of New York Company, Inc. (Con Ed), unanimously modified, on the law, to grant Nico Asphalt’s motion, and otherwise affirmed, without costs. The Clerk is directed to enter judgment in favor of…