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CONNOLLY v. LONG IS. POWER

Nos. 11, 12, 13.

30 N.Y.3d 719 (2018)

70 N.Y.S.3d 909

94 N.E.3d 471

2018 NY Slip Op 01148

BARBARA CONNOLLY et al., Respondents, v. LONG ISLAND POWER AUTHORITY et al., Appellants, et al., Defendant. WILLIAM BAUMANN et al., Respondents, v. LONG ISLAND POWER AUTHORITY et al., Appellants, et al., Defendant. WILLIAM HEERAN, Individually and on Behalf of HARBOR LIGHT ENTERPRISES CORP. and Another, et al., Respondents, v. LONG ISLAND POWER AUTHORITY (LIPA) et al., Appellants, et al., Defendants.

Court of Appeals of New York.

Decided February 20, 2018.

Attorney(s) appearing for the Case

Lazer, Aptheker, Rosella & Yedid, P.C., Melville ( David Lazer and Zachary Murdock of counsel), and Hammill, O'Brien, Croutier, Dempsey, Pender & Koehler, P.C., Syossett ( William J. Croutier, Jr. and Erin N. Mackin of counsel), for appellants in the first, second and third above-entitled actions.

Sullivan Papain Block McGrath & Cannavo P.C., New York City ( Brian J. Shoot and Eric K. Schwarz of counsel), for respondents in the first and second above-entitled actions.

Pollack, Pollack, Isaac & DeCicco, LLP, New York City ( Brian J. Isaac of counsel), and Godosky & Gentile, P.C. ( Anthony P. Gentile of counsel), for respondents in the third above-entitled action.

Opinion by Judge STEIN. Chief Judge DiFIORE and Judges WILSON and FEINMAN concur. Judge RIVERA concurs in result in an opinion, in which Judge FAHEY concurs. Judge GARCIA taking no part.

OPINION OF THE COURT

The narrow issue before us on these appeals is whether defendants Long Island Power Authority (LIPA), Long Island Lighting Company (LILCO), and National Grid Electric Services, LLC (National Grid, and collectively with LIPA and LILCO, defendants) are entitled...

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