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MISEL v. N.F.C. CAB CORP.

277 A.D.2d 83 (2000)

715 N.Y.S.2d 413

ANTONIO MISEL et al., Appellants-Respondents, v. N.F.C. CAB CORP. et al., Respondents-Appellants, and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 16, 2000.

Plaintiff, an employee of a Con Edison contractor, sought damages for serious injuries sustained when he was struck while working at a repair site by a taxi cab owned by defendant N.F.C. Cab Corp. and operated by defendant Davidson. Following the first trial of this case, a judgment was entered, inter alia, dismissing plaintiff's claims against Con Edison and finding N.F.C. Cab 100% liable. The judgment, however, was reversed based upon the improper preclusion of the...

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