Derdiarian v. Felix Contracting Corp.

Cohalan, J.,

dissents and votes to reverse the judgment insofar as appealed from and to dismiss the complaint as against defendants Felix Contracting Corp. and Consolidated Edison Company of New York, and to dismiss the appeal from the order as academic, with the following memorandum: On the issues of negligence, foreseeability and proximate cause, I would reverse the interlocutory liability judgment against defendants Felix and Con Ed and dismiss the complaint as against them, as a matter of law. Except as noted hereafter, I adopt the fact situation as outlined in the majority memorandum. The…