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STACK v. BRANICKY

119 A.D.2d 998 (1986)

Patrick Stack, Respondent, v. John Branicky et al., Respondents, and New York State Electric & Gas Corp., Appellant, et al., Defendants. (And Two Other Actions.)

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

April 4, 1986

Order unanimously reversed, on the law, without costs, and appellant's motion granted.

Memorandum:

Special Term erred in denying the motion of defendant New York State Electric and Gas Corp. (NYSEG) seeking summary judgment 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 Moch Co. v Rensselaer...

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