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LEE v. CONSOL. EDISON

98 Misc.2d 304 (1978)

William J. Lee, Respondent, v. Consolidated Edison Co. of New York, Appellant.

Supreme Court, Appellate Term, First Department.

December 15, 1978

Attorney(s) appearing for the Case

Ernest J. Williams and Joseph D. Ahearn for appellant. B. Robert Piller and Jill Kupferberg for Public Utility Law Project, amicus curiae. Rosengarten & Weinreich (Howard B. Weinreich of counsel), for New York State Food Merchants, Inc., amicus curiae.

Concur: TIERNEY, HUGHES and RICCOBONO, JJ.

Per Curiam.

Judgment entered June 1, 1978 (MYRIAM J. ALTMAN, J.) reversed, without costs, and complaint dismissed, without costs.

This is a small claims action brought by a customer of Consolidated Edison Company for property damage sustained as a result of the summer blackout of July 13 to 14, 1977. At trial, plaintiff did not introduce any evidence on the liability aspect of the case, and defendant rested...

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