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GOMEZ v. CITY OF NEW YORK

771, 105047/05, 591185/05.

138 A.D.3d 487 (2016)

30 N.Y.S.3d 616

2016 NY Slip Op 02733

MODESTO GOMEZ, Appellant, v. CITY OF NEW YORK, Defendant, and CONSOLIDATED EDISON COMPANY OF NEW YORK INC., Respondent/Third-Party Plaintiff-Respondent. NICO ASPHALT, INC., et al., Third-Party Defendants-Respondents.

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

Decided April 12, 2016.

Order, Supreme Court, New York County (Margaret A. Chan, J.), entered May 23, 2014, which, insofar as appealed from as limited by the briefs, granted defendant Consolidated Edison Company of New York Inc.'s (Con Ed) and third-party defendants Nico Asphalt, Inc.'s (Nico) and Roadway Contracting, Inc.'s (Roadway) motions for summary judgment dismissing the complaint against Con Ed and denied plaintiff's cross motion for leave to amend his bill of particulars, unanimously affirmed...

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