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MMCM CORP. v. CON EDISON

186 Misc.2d 437 (2000)

721 N.Y.S.2d 436

MMCM CORP., Doing Business as MIGUEL MALENA, Respondent, v. CON EDISON, Appellant. MALENA AUTO GLASS CORP., Respondent, v. CON EDISON, Appellant.

Supreme Court, Appellate Term, First Department.

September 25, 2000.

Attorney(s) appearing for the Case

Richard W. Babinecz, New York City (Helman R. Brook of counsel), for appellant.

MMCM Corp., respondent pro se.

Malena Auto Glass Corp., respondent pro se.

McCOOE, J. P., GANGEL-JACOB and SUAREZ, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Judgments entered October 18, 1999 reversed, without costs, and actions dismissed.

Liability was improperly imposed below, since it was not shown that the interruption of plaintiffs' electrical service resulted from defendant Con Edison's "gross negligence or willful misconduct" as required by the defendant's filed tariff (see, Lockwood v Niagara Mohawk Power Corp....

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