Pepitone v. Consolidated Edison Co. of N.Y.

Appellate Division of the Supreme Court of New York

Pepitone v. Consolidated Edison Co. of N.Y.

139 A.D.3d 541, 30 N.Y.S.3d 555

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 19, 2016

Docket1197 109977/10

StatusPublished

This text of 139 A.D.3d 541 (Pepitone v. Consolidated Edison Co. of N.Y.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pepitone v. Consolidated Edison Co. of N.Y., 139 A.D.3d 541, 30 N.Y.S.3d 555 (N.Y. Ct. App. 2016).

Pincite

Opinion

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered July 8, 2014, which granted the motion of *542 defendant Time Warner Entertainment for summary judgment dismissing the complaint and all cross claims as against it, unanimously reversed, on the law, without costs, and the motion denied.

The motion was improperly granted in this action where plaintiff was injured when cable lying in the roadway became entangled in his car as he was driving, causing the car to become airborne. Similar cable was hanging from a utility pole near the scene and Time Warner’s employee testified that Time Warner owned some of the cable on the pole. The employee also said that Time Warner did not regularly inspect its cable, but only responded to complaints or reports of problems, of which there were none at the location near the time of the accident. Furthermore, an employee of a telephone company identified the cable that caused the accident as belonging to Time Warner, and plaintiff’s coworker testified that he saw the cable hanging down near the accident scene during the two-month period before the accident. Accordingly, factual issues exist as to whether Time Warner owned the cable and whether it had constructive notice of the dangerous condition (see generally Gordon v American Museum of Natural History, 67 NY2d 836 [1986]).

Concur — Tom, J.P., Saxe, Richter, Gische and Webber, JJ.

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Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered July 8, 2014, which granted the motion of *542 defendant Time Warner Entertainment for summary judgment dismissing the complaint and all cross claims as against it, unanimously reversed, on the law, without costs, and the motion denied.

The motion was improperly granted in this action where plaintiff was injured when cable lying in the roadway became entangled in his car as he was driving, causing the car to become airborne. Similar cable was hanging from a utility pole near the scene and Time Warner’s employee testified that Time Warner owned some of the cable on the pole. The employee also said that Time Warner did not regularly inspect its cable, but only responded to complaints or reports of problems, of which there were none at the location near the time of the accident. Furthermore, an employee of a telephone company identified the cable that caused the accident as belonging to Time Warner, and plaintiff’s coworker testified that he saw the cable hanging down near the accident scene during the two-month period before the accident. Accordingly, factual issues exist as to whether Time Warner owned the cable and whether it had constructive notice of the dangerous condition (see generally Gordon v American Museum of Natural History, 67 NY2d 836 [1986]).

Concur — Tom, J.P., Saxe, Richter, Gische and Webber, JJ.

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Bluebook (online)

139 A.D.3d 541, 30 N.Y.S.3d 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pepitone-v-consolidated-edison-co-of-ny-nyappdiv-2016.

Opinion

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