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LO VICO v. CON ED

99 Misc.2d 897 (1979)

Josephine Lo Vico et al., Respondents, v. Consolidated Edison Co., Appellant.

Supreme Court, Appellate Term, Second Department.

April 17, 1979

Attorney(s) appearing for the Case

Ernest J. Williams and Joseph J. Klem for appellant. Rosengarten & Weinreich (Howard B. Weinreich of counsel), for New York State Food Merchants Association, Inc., amicus curiae.

Concur: PINO, P. J. and BUSCHMANN, J.; WEINSTEIN, J., taking no part.

MEMORANDUM.

Judgments in favor of plaintiffs against Consolidated Edison reversed without costs and complaints dismissed.

This consolidated appeal involves several actions to recover damages for food spoilage resulting from the New York City blackout of July, 1977. An issue is raised herein concerning the validity of Consolidated Edison's tariff which gives the utility a limited exemption from liability for damages...

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