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MORELLI v. EDISON

55 A.D.3d 885 (2008)

866 N.Y.S.2d 730

RICHARD MORELLI et al., Respondents, v. CON EDISON, Defendant and Third-Party Plaintiff-Respondent, DOUBLE A CONTRACTING INC. et al., Respondents, and BIBEAU CONSTRUCTION CO., INC., Defendant and Third-Party Defendant and Second Third-Party Plaintiff-Appellant. THREE D COMMERCIAL SERVICE CORP. et al., Second Third-Party Defendants-Respondents. (And Another Title.)

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

October 28, 2008.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

On February 4, 2004, the plaintiff Richard Morelli (hereinafter the injured plaintiff) allegedly slipped and fell on a patch of black ice in the parking lot of the Crossroads Plaza Shopping Center (hereinafter the Plaza) near Route 119 in White Plains. The injured plaintiff and his wife (hereinafter together the plaintiffs...

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