LANNI v. ROCHESTER GAS


120 Misc.2d 644 (1983)

Lawrence L. Lanni, Plaintiff, v. Rochester Gas & Electric Corp., Defendant.

City Court of Rochester.

August 23, 1983


Attorney(s) appearing for the Case

Bayer & Smith (Joseph B. Schauseil of counsel), for plaintiff. Nixon, Hargrave, Devans & Doyle (Thane D. Scott of counsel), for defendant.


HERMAN J. WALZ, J.

Plaintiff seeks money damages against defendant utility, alleging that defendant negligently terminated electric service to plaintiff's property in the middle of winter, causing pipes to freeze and damage to occur. Defendant moves for summary judgment, claiming that there can be no negligence as to plaintiff, since there is no duty owing to plaintiff, and further citing its tariff, which, defendant claims, makes it liable only for acts...

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