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JOSEPH LAMORTE PLAINTIFFS, v. THE CITY OF NEW YORK def

9120. JOSEPH LAMORTE PLAINTIFFS, v. THE CITY OF NEW YORK def — [AND A THIRD-PARTY ACTION] CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Second Third-Party plf-res, v. FELIX EQUITIES INC., Second Third-Party def, ROADWAY CONTRACTING, INC., Second Third-Party def-ap — Herzfeld & Rubin P.C., New York (Linda M. Brown of counsel), for ap — Office of Richard W. Babinecz, New York (Steven T. Brewi of counsel), for res — Order, Supreme Court, New York County (Donna M. Mills, J.), entered April 12, 2012, which, after a jury trial, granted defendant/ second third-party plaintiff Consolidated Edison Company of New York Inc.'s motion for full contractual indemnification from second thirdparty defendant Roadway Contracting, Inc., unanimously reversed, on the law, without costs, and the motion denied.

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9120. JOSEPH LAMORTE PLAINTIFFS, v. THE CITY OF NEW YORK def — [AND A THIRD-PARTY ACTION] CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Second Third-Party plf-res, v. FELIX EQUITIES INC., Second Third-Party def, ROADWAY CONTRACTING, INC., Second Third-Party def-ap — Herzfeld & Rubin P.C., New York (Linda M. Brown of counsel), for ap — Office of Richard W. Babinecz, New York (Steven T. Brewi of counsel), for res — Order, Supreme Court, New York County (Donna M. Mills, J.), entered April 12, 2012, which, after a jury trial, granted defendant/ second third-party plaintiff Consolidated Edison Company of New York Inc.’s motion for full contractual indemnification from second thirdparty defendant Roadway Contracting, Inc., unanimously reversed, on the law, without costs, and the motion denied.

On May 26, 2002, plaintiff Joseph LaMorte was injured while riding a bicycle on Seventh Avenue between 21st and 22nd Streets in Manhattan. In January 2001, second third-party defendant Roadway Contracting, Inc. had performed road work in that spot under a contract with second third-party plaintiff Consolidated Edison Company of New York, Inc. (Con Edison).

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