Sucre v. Consol. Edison Co. of N.Y., Inc.
| Decision Date | 17 June 2020 |
| Docket Number | Index No. 15224/11,2017–01673 |
| Citation | 184 A.D.3d 712,126 N.Y.S.3d 141 |
| Parties | Jennifer J. SUCRE, etc., Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Respondents, et al., Defendant. |
| Court | New York Supreme Court — Appellate Division |
184 A.D.3d 712
126 N.Y.S.3d 141
Jennifer J. SUCRE, etc., Appellant,
v.
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Respondents, et al., Defendant.
2017–01673
Index No. 15224/11
Supreme Court, Appellate Division, Second Department, New York.
Argued—September 24, 2019
June 17, 2020
Abbott Bushlow & Schechner, LLP, Ridgewood, N.Y. (Bruce E. Bushlow and Matthew A. Kaplan of counsel), for appellant.
Nadine Rivellese, New York, N.Y. (Stephen T. Brewi of counsel), for respondents.
RUTH C. BALKIN, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.
DECISION & ORDER
In a consolidated action to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Queens County (Janice A. Taylor, J.), entered January 6, 2017. The order, insofar as appealed from, granted that branch of the motion of the defendants Consolidated Edison Company of New York, Inc., and Consolidated Edison, Inc., which was pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against them, and denied, as academic, the plaintiff's cross motion for summary judgment on the issue of liability insofar as asserted against those defendants.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion of the defendants Consolidated Edison Company of New York, Inc., and Consolidated Edison, Inc., which was pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against them is denied, and the plaintiff's cross motion for summary judgment on the issue of liability insofar as asserted against the defendants Consolidated Edison Company of New York, Inc., and Consolidated Edison, Inc., is denied on the merits.
The plaintiff, the administratrix of the estate of the decedent, commenced this wrongful death action against, among others, the defendants Consolidated Edison Company of New York, Inc., and Consolidated Edison, Inc. (hereinafter together Con Edison), alleging, inter alia, that Con Edison negligently caused
the decedent's death. According to the plaintiff, the decedent was electrocuted to death while working as a self-employed roofing contractor. The plaintiff alleged that the decedent had been repairing the roof of the home of a client when he came into contact with an uninsulated, exposed electrical wire leading from his client's home to Con Edison's electrical lines. According to the plaintiff, Con Edison negligently caused the decedent's death by allowing and permitting the installation and connection of its electrical lines to the homeowner's electrical wires in a manner that was improper and not in...
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