Appellate Division of the Supreme Court of the State of New York November 29, 2012 (Stampone v. Consolidated Edison, Inc.)

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered on or about January 30, 2012, which, to the extent appealed from as limited by the briefs, denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court properly denied defendants’ motion to dismiss.