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FOOD PAGEANT v. CON EDISON

54 N.Y.2d 167 (1981)

Food Pageant, Inc., Respondent, v. Consolidated Edison Co., Inc., Appellant.

Court of Appeals of the State of New York.

Decided November 19, 1981.

Attorney(s) appearing for the Case

William E. Hegarty, Thomas J. Kavaler, Ernest J. Williams, Joseph D. Ahearn and Michael Majewski for appellant.

Frederic Lewis for respondent.

Peter J. Mastaglio and Steven E. Grill for The Brooklyn Union Gas Company and others, amici curiae.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.

GABRIELLI, J.

The case and appeal submitted for our review arises from the 1977 New York City blackout, which left approximately three million customers of Consolidated Edison of New York located in New York City and Westchester County without electrical power. Plaintiff, a grocery store chain, brought suit seeking damages for food spoilage and loss of business. Presented for our consideration is whether a jury...

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