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KRASNER v. NEW YORK STATE ELEC. & GAS CORP.

90 A.D.2d 921 (1982)

Maurice Krasner et al., as Executors of Penneth M. Cline, Deceased, Doing Business as Park Plaza Shopping Center, Appellants, v. New York State Electric & Gas Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 24, 1982

This is an action for breach of contract and in negligence to recover damages from defendant, a public utility, for its alleged wrongful termination of utility services to vacant premises owned by plaintiffs. More specifically, it is alleged that as a result of the termination of the utility services the heating system failed to operate, causing pipes and water mains to freeze and rupture. As a second affirmative defense to the complaint, defendant alleged that its liability...

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