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RUSSO v. CONSOL. EDISON CO. OF NEW YORK, INC.

97 A.D.2d 791 (1983)

Frank Russo, Doing Business as Russo Banana Company, Respondent, v. Consolidated Edison Company of New York, Inc., Appellant

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

November 14, 1983

Order affirmed insofar as appealed from, with costs.

Consolidated Edison is estopped from refuting the fact that its gross negligence proximately caused the July, 1977 blackout (Shaid v Consolidated Edison Co., 97 A.D.2d 610).

Thompson, J., concurs in the result on constraint of Shaid v Consolidated Edison Co. (97 A.D.2d 610

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