256 EAST 10TH STREET ASSOCIATES v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.


282 A.D.2d 293 (2001)

723 N.Y.S.2d 358

256 EAST 10TH STREET ASSOCIATES, Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Respondent.

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

Decided April 17, 2001.


Plaintiff's claim for breach of contract was properly dismissed. Defendant was not bound by the alleged oral agreement between plaintiff and an unidentified purported employee of defendant, which agreement is claimed to have obligated defendant to repair a gas leak without interrupting service to plaintiff's building regardless of the hazard involved. Summary judgment was also properly granted dismissing plaintiff's negligence claim in light of the absence of any triable...

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