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

Order, Supreme Court, New York County (Judith A. Gische, J.), entered September 14, 2010, which granted plaintiffs motion to renew an order, same court and Justice, entered August 27, 2009, inter alia, which granted defendants Consolidated Edison Company of New York, Inc.’s and Case Contracting Ltd.’s motions for summary judgment dismissing plaintiffs Labor Law § 240 (1) cause of action, and upon renewal, adhered to its prior decision, unanimously modified, on the law, the motions for summary judgment denied, and otherwise affirmed, without costs.

The motion court properly granted the motion…