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GOLDSTEIN v. CON ED

93 A.D.2d 589 (1983)

Morris Goldstein et al., Appellants, v. Consolidated Edison Company of New York, Inc., et al., Respondents, et al., Defendants

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

May 17, 1983

Attorney(s) appearing for the Case

Julian Kaplan of counsel (Jessel Rothman, P. C., attorney), for appellants.

William E. Hegarty of counsel (Thomas J. Kavaler, Vincent E. Gentile and Lisa Schilit with him on the brief; Cahill Gordon & Reindel and Ernest J. Williams, attorneys), for Consolidated Edison Company of New York, Inc., respondent.

CARRO, ASCH and KASSAL, JJ., concur with KUPFERMAN, J. P.; SANDLER, J., dissents in an opinion.

KUPFERMAN, J. P.

Plaintiffs, Morris and Ruth Goldstein, appeal from the denial by Special Term of their motion for partial summary judgment against defendant Consolidated Edison Co. (Con Ed). By that motion, plaintiffs sought an order precluding Con Ed from relitigating the issue of whether it was grossly negligent in failing to prevent the interruption of electrical service during the 1977 blackout, and setting the matter down for an inquest to assess...

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