Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff failed to state a cause of action against Rochester Gas & Electric Corporation (RG&E) and summary judgment was properly granted dismissing the complaint. The rule is well established that a public utility may not be held liable for negligent failure to supply service absent a contractual relationship between plaintiff and the utility (see
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GROSSHANS v. ROCHESTER GAS & ELEC. CORP.
103 A.D.2d 1038 (1984)
Margaret Grosshans, Appellant, v. Rochester Gas & Electric Corporation, Respondent. (Action No. 1.) Margaret Grosshans, Appellant, v. City of Rochester et al., Defendants, and County of Monroe et al., Appellants Firelands Construction Corporation, Third-Party Plaintiff-Appellant, et al., Third-Party Plaintiff, v. Rochester Gas & Electric Corporation, Third-Party Defendant-Respondent. (Action No. 2.) John B. Duffy, as Father and Natural Guardian of James Duffy, Deceased, Plaintiff, v. City of Rochester et al., Defendants, and County of Monroe et al., Appellants Firelands Construction Corporation, Third-Party Plaintiff-Appellant, v. Rochester Gas & Electric Corporation, Third-Party Defendant-Respondent. (Action No. 3.) Margaret Grosshans, Appellant, v. City of Rochester et al., Defendants, and County of Monroe et al., Appellants County of Monroe, Third-Party Plaintiff-Appellant, v. Rochester Gas & Electric Corporation, Third-Party Defendant-Respondent. (Action No. 4.)
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
July 13, 1984
July 13, 1984
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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