PASSANTINO v. CONSOL. EDISON CO. OF NEW YORK, INC.


54 N.Y.2d 840 (1981)

Frank Passantino, Plaintiff, and P & F Machine Corp., Appellant, v. Consolidated Edison Company of New York, Inc., Respondent.

Court of Appeals of the State of New York.

Decided October 13, 1981.


Attorney(s) appearing for the Case

Marc Schwartz for appellant.

Sheila S. Rosenrauch, Ernest J. Williams and Joseph J. Klem for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to that court for determination of questions of fact.

The trial court charged the jury that they could award punitive damages if they found that the conduct of the utility company "was either wanton and reckless or it was malicious", and that "a malicious act would be one where the [defendant] knows that the plaintiff...

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