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MONTALVO v. CON ED

92 A.D.2d 389 (1983)

Carmen Montalvo, on Behalf of Herself and Her Infant Children, Respondent, v. Consolidated Edison Company of New York, Inc., et al., Appellants, et al., Defendant

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

March 29, 1983

Attorney(s) appearing for the Case

Bernard Hulkower and Lisa B. Mann for Consolidated Edison Company of New York, Inc., appellant.

Lawrence G. Malone of counsel (David E. Blabey, attorney), for Public Service Commission of the State of New York, appellant.

Stacy Cromidas of counsel (David Goldfarb, attorney), for respondent.

SANDLER, LYNCH and MILONAS, JJ., concur with KUPFERMAN, J. P.; ASCH, J., dissents in part in an opinion.

KUPFERMAN, J. P.

Defendants appeal from an order and judgment allowing partial summary judgment in favor of plaintiff on her constitutional claims against Consolidated Edison Company of New York (Con Ed), and the Public Service Commission (PSC) (110 Misc.2d 24).

The judgment held that Con Ed's denial of plaintiff-respondent's application for residential utility...

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