CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. v. EAST COAST POWER & GAS LLC

Index No. 653716/21, Appeal No. 1661, Case No. 2022-04744.

2024 NY Slip Op 00800

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Plaintiff-Appellant, v. EAST COAST POWER & GAS LLC, Defendant-Respondent, ANTHONY MILANESE ET AL., Defendants.

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

Decided February 15, 2024.


Attorney(s) appearing for the Case

Proman Legal, P.C., New York ( Jonathan M. Proman of counsel), for appellant.

Levitt LLP, Mineola ( James E. Brandt of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Kapnick, Shulman, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered September 13, 2022, which denied Con Edison's motion to dismiss the fourth counterclaim for an accounting asserted by defendant East Coast Power & Gas LLC, unanimously affirmed, with costs.

Although the parties focus on whether a fiduciary relationship existed sufficient to warrant an equitable accounting, this is an action for money damages, i.e., an action at law (see C adwalder Wickersham...

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