McCleery v Consolidated Edison of N.Y., Inc.
2008 NY Slip Op 06871 [11 NY3d 778]
September 16, 2008
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 12, 2008


[*1]
William McCleery et al., Appellants,
v
Consolidated Edison of New York, Inc., et al., Respondents.

Decided September 16, 2008

McCleery v Consolidated Edison of N.Y., Inc., 49 AD3d 312, reversed.

APPEARANCES OF COUNSEL

Thomas Torto, New York City, for appellants.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City (Richard Lerner and Melissa Murphy-Petros of counsel), for respondents.

{**11 NY3d at 779} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and defendants' motion for summary judgment denied. We agree with the dissenting justices at the Appellate Division that the injured plaintiff presented issues of fact as to how his foot was crushed and whether his injuries were a result of the Consolidated Edison driver's negligence, which preclude the grant of summary judgment to defendants.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.