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SHAID v. CONSOL. ED CO

95 A.D.2d 610 (1983)

Sadie Shaid, Respondent, v. Consolidated Edison Company of New York, Inc., Appellant

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

October 24, 1983

Attorney(s) appearing for the Case

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

Abbott & Bushlow, P. C. (Bruce E. Bushlow and Richard Cary Spivak of counsel), for respondent.

BOYERS, J., concurs in the opinion of O'CONNOR, J.; GIBBONS, J., concurs in a separate opinion; THOMPSON, J., dissents and votes to reverse the resettled order insofar as appealed from and to deny plaintiff's motion in its entirety, in an opinion in which DAMIANI, J. P., concurs.

O'CONNOR, J.

This is an action to recover damages for personal injuries allegedly sustained by plaintiff in a fall down a staircase in her apartment building during an interruption of electric power service to more than 3,000,000 households in New York City and Westchester County on the evening of July 13, 1977. Plaintiff avers that defendant Con Edison Company of New York, Inc.'s (hereinafter Con Ed) gross negligence...

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