123 Cutting Co. v. Topcove Associates, Inc.
Opinion of the Court
In related negligence actions to recover for damage to property, Topcove Associates, Inc., appeals from a judgment of the Supreme Court, Queens County (LeVine, J.), dated April 12, 2002, entered in Action No. 2 which, upon an order of the same court dated January 18, 2002, granting those branches of the separate motions of Consolidated Edison Company of New York, Inc., sued herein as Consolidated Edison Company, and Ward Mechanical Corp., inter alia, for summary judgment dismissing the complaint in Action No. 2 insofar as asserted by Topcove Associates, Inc., against them, is in favor of those defendants and against it in that action.
Ordered that the judgment is affirmed, with costs.
The Supreme Court properly granted those branches of the separate motions of Consolidated Edison Company of New York, Inc., sued herein as Consolidated Edison Company and Ward Mechanical Corp., defendants in Action No. 2, inter alia, for summary judgment dismissing the complaint in that action insofar as asserted by the appellant Topcove Associates, Inc., against them based on lack of capacity to sue. When the appellant filed for bankruptcy pursuant to chapter 11 of the 1978
The appellant’s remaining contention is without merit. Prudenti, P.J., Smith, Friedmann and H. Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.