LaMorte v. City of New York

Order, Supreme Court, New York County (Donna M. Mills, J.), entered April 12, 2012, which, after a jury trial, granted defendant/second third-party plaintiff Consolidated Edison Company of New York, Inc.’s motion for full contractual indemnification from second third-party defendant Roadway Contracting, Inc., unanimously reversed, on the law, without costs, and the motion denied.

On May 26, 2002, plaintiff Joseph LaMorte was injured while riding a bicycle on Seventh Avenue between 21st and 22nd Streets in Manhattan. In January 2001, second third-party defendant Roadway Contracting, Inc. had…