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REISS v. CON ED

228 A.D.2d 59 (1996)

650 N.Y.S.2d 480

Howard Reiss et al., Appellants, v. Consolidated Edison Company of New York, Inc., Respondent

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

December 5, 1996

Attorney(s) appearing for the Case

Sive, Paget & Riesel, P. C., New York City (Eric Bregman, Andrew J. Gershon and Steven Barshov of counsel), and Goldstein, Goldstein & Rikon, New York City (Michael Rikon of counsel), for appellants.

Richard W. Babinecz, New York City (Maura A. Kilroy and Francis M. Leonard of counsel), for respondent.

MIKOLL, J. P., MERCURE, YESAWICH JR. and PETERS, JJ., concur.

CREW III, J.

In 1984, plaintiffs purchased a house in the Village of Pleasantville, Westchester County. The property abuts defendant's right-of-way, upon which is constructed a high voltage electric transmission line. Fearing that the electromagnetic fields (hereinafter EMFs) emitted from such line might be injurious to their child's health, plaintiffs decided to sell the property in April 1993 and listed it...

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