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STRAUSS v. BELLE REALTY CO.

98 A.D.2d 424 (1983)

Julius Strauss, Respondent, v. Belle Realty Company, Defendant, and Consolidated Edison Company of New York, Inc., Appellant

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

December 27, 1983

Attorney(s) appearing for the Case

Ernest J. Williams (Cahill Gordon & Reindel [William E. Hagarty, Thomas J. Kavaler, Vincent E. Gentile, Lisa Schilit and Stanley K. Shapiro] of counsel), for appellant.

Rogovin & Golub (Benjamin J. Golub and Ira H. Goldfarb of counsel), for respondent.

BOYERS, J., concurs in opinion of THOMPSON, J.; DAMIANI, J. P., concurs in result; GIBBONS, J., dissents and votes to modify the order insofar as appealed from by searching the record on appellant's cross motion for summary judgment, thereupon granting partial summary judgment to plaintiff against appellant on the issue of liability and remitting the matter to the Supreme Court, Queens County, for a trial limited solely to the issues of comparative negligence, apportionment of liability, and damages.

THOMPSON, J.

On July 13, 1977, at approximately 9:30 P.M., millions of customers receiving electricity from defendant Consolidated Edison Company of New York, Inc. (Con Ed), found themselves in the dark when the electric power system serving New York City and Westchester County malfunctioned and ceased operation. Plaintiff Julius Strauss, a tenant in an apartment building owned by defendant Belle Realty Company, was unable to obtain running water in ...

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