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

162 A.D.2d 657 (1990)

Joseph A. Gallagher, Jr., Appellant-Respondent, v. Consolidated Edison Co. of New York, Inc., Respondent-Appellant

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

June 25, 1990

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

On September 6, 1979, Tropical Storm David caused Consolidated Edison customers in Westchester County, including the plaintiff, to lose electrical power. Power to the plaintiff's house was not restored until three days after the storm. In March 1981, the plaintiff commenced participation in Consolidated Edison's so-called "level billing plan" and the parties...

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