Legal Opinion
Lanni v. Rochester Gas & Electric Corp.
Rochester City Court
Decided August 23, 1983Published
1Opinion of the Court
OPINION OF THE COURT
Herman J. Walz, J.
Plaintiff seeks money damages against defendant utility, alleging that defendant negligently terminated electric service to plaintiff’s property in the middle of winter, causing pipes to freeze and damage to occur. Defendant moves for summary judgment, claiming that there can be no negligence as to plaintiff, since there is no duty owing to plaintiff, and further citing its tariff, which, defendant claims, makes it liable only for acts of gross negligence.
Plaintiff had rented his property to a tenant who was responsible to pay utilities. The tenant…
2Cases cited11 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Zibbon v. Town of CheektowagaAppellate Division of the Supreme Court of the State of New York · 1976
- Beck v. FMC Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Shubitz v. Consolidated Edison Co.New York Supreme Court · 1969
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