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  5. 157 A.D.2d 452 (1990)
 

GROW TUNNELING CORP. PETER KIEWIT SONS' CO. & MORRISON-KNUDSEN CO., INC. v. CONSOL. EDISON CO. OF NEW YORK, INC.

157 A.D.2d 452 (1990)

Grow Tunneling Corp., Peter Kiewit Sons' Co. and Morrison-Knudsen Co., Inc., a Joint Venture, Respondent, v. Consolidated Edison Company of New York, Inc., Appellant, et al., Defendant

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

January 4, 1990

This case is another growing out of the city-wide blackout of July 13-14, 1977 and subsequent blackouts occurring in 1977 and 1978. Plaintiff is a joint venture which was under contract with the City of New York to construct a water tunnel in The Bronx. Because of the loss of electricity during various periods in 1977 and 1978 plaintiff was unable to work. By order entered October 29, 1987 Justice Evans granted summary judgment to the plaintiff on the issue of gross negligence...

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