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SYRACUSE v. NIAGARA MOHAWK

173 A.D.2d 138 (1991)

Syracuse Cablesystems, Inc., et al., Appellants, v. Niagara Mohawk Power Corporation, Respondent and Third-Party Plaintiff. Niagara Transformer Corporation et al., Third-Party Defendants-Respondents. (Action No. 1.) Blitman & King et al., Appellants, et al., Plaintiff, v. Niagara Mohawk Power Corporation, Respondent and Third-Party Plaintiff. Niagara Transformer Corporation et al., Third-Party Defendants-Respondents. (Action No. 2.)

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

December 26, 1991

Attorney(s) appearing for the Case

Edward D. Brown, Jr. (Thomas J. Murphy of counsel), for Niagara Mohawk Power Corporation, respondent.

Smith, Sovik, Kendrick, Schwarzer & Sugnet, P. C. (Mary E. Kendrick-Gaffney of counsel), for Niagara Transformer Corp., third-party defendant-respondent.

Bond, Schoeneck & King (Donald S. DiBenedetto and John J. Dee of counsel), for Westinghouse Electric Corporation, third-party defendant-respondent.

Sugarman, Wallace, Manheim & Schoenwald (Timothy J. Perry of counsel), for Syracuse Cablesystems, Inc. and another, appellants.

Bogart & Associates, P. C. (Carol E. Worboys of counsel), for Blitman & King and others, appellants.

DOERR, J. P., BOOMER, PINE and BALIO, JJ., concur.

GREEN, J.

We conclude that the damages plaintiffs seek are not for "economic loss" and, therefore, are not precluded from recovery in plaintiffs' negligence action under the holding of Schiavone Constr. Co. v Mayo Corp. (56 N.Y.2d 667, revg on dissent 81 A.D.2d 221, 227-234). The facts are not in dispute and may be stated briefly...

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