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LEE v. CON ED CO OF NY

95 Misc.2d 120 (1978)

William J. Lee et al., Plaintiffs, v. Consolidated Edison Co. of New York, Defendant. (And 13 Other Actions.)

Civil Court of the City of New York, New York County.

June 1, 1978

Attorney(s) appearing for the Case

William J. Lee and others, plaintiffs pro se. Williams & O'Neill (Ronald A. P. Rock of counsel), for defendant. Laura Jacobson for Public Utility Law Project, amicus curiae. Howard B. Weinreich for New York State Food Merchants, Inc., amicus curiae.

MYRIAM J. ALTMAN, J.

The July 13-14, 1977 system-wide blackout in the New York Metropolitan area brought public attention to the fact that the Consolidated Edison Company of New York (Con Ed) claims an exemption from liability for ordinary negligence based upon an exculpatory clause in its tariff, or rate schedule, on file with the Public Service Commission (PSC). At a time when "the uninterrupted continuity...

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