DEVERS v. L. I. LIGHT. CO.


79 Misc.2d 165 (1974)

Patrick Devers, Respondent, v. Long Island Lighting Company, Appellant.

Supreme Court, Appellate Term, Second Department.

July 19, 1974


Attorney(s) appearing for the Case

Edward M. Barrett (Joseph D. Ahearn of counsel), for appellant. Patrick Devers, respondent pro se.

HOGAN, P. J., and GAGLIARDI, J., concur;


MEMORANDUM.

Judgment unanimously reversed, without costs, and complaint dismissed.

Since plaintiff failed to prove that defendant was negligent in arriving at an intentional determination to reduce voltage in plaintiff's area, he failed to establish defendant's liability in either contract or tort. The Public Service Commission, in defendant's rate schedule, has approved a limited exemption from liability for ordinary...

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