Verizon New York Inc. v. Consolidated Edison, Inc.

Order, Supreme Court, New York County (Joan A. Madden, J.), entered August 25, 2006, which denied defendant’s motion to dismiss the complaint for failure to state a cause of action or for summary judgment, and granted plaintiffs cross motion to amend its complaint, unanimously affirmed, with costs.

This is an action for property damage allegedly attributed to defendant’s negligence. Defendant’s dismissal motion was based on an asserted conflict between facts set forth in the bill of particulars and in the complaint. The court resolved this conflict by granting plaintiff leave to amend its…