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JODI MILLER, PLAINTIFF, v. THE CITY OF NEW YORK def, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., def-ap, SAFEWAY CONSTRUCTION ENTERPRISES, INC., def-res

8630. JODI MILLER, PLAINTIFF, v. THE CITY OF NEW YORK def, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., def-ap, SAFEWAY CONSTRUCTION ENTERPRISES, INC., def-res — CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party plf-ap, v. SAFEWAY CONSTRUCTION ENTERPRISES, INC., Third-Party def-res, NICO ASPHALT, INC., Third-Party def — Office of Richard W. Babinecz, New York (Stephen T. Brewi of counsel), for ap — Rafter and Associates PLLC, New York (Patrick B. McKeown of counsel), for res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered November 7, 2011, which, to the extent appealed from, granted third-party defendant Safeway Construction Enterprises, Inc.'s motion for summary judgment dismissing the complaint and the third-party complaint as against it, unanimously affirmed, without costs.

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8630. JODI MILLER, PLAINTIFF, v. THE CITY OF NEW YORK def, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., def-ap, SAFEWAY CONSTRUCTION ENTERPRISES, INC., def-res — CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party plf-ap, v. SAFEWAY CONSTRUCTION ENTERPRISES, INC., Third-Party def-res, NICO ASPHALT, INC., Third-Party def — Office of Richard W. Babinecz, New York (Stephen T. Brewi of counsel), for ap — Rafter and Associates PLLC, New York (Patrick B. McKeown of counsel), for res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered November 7, 2011, which, to the extent appealed from, granted third-party defendant Safeway Construction Enterprises, Inc.’s motion for summary judgment dismissing the complaint and the third-party complaint as against it, unanimously affirmed, without costs.

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