Passantino v. Consolidated Edison Co. of New York, Inc.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the case remitted to that court for determination of questions of fact.

The trial court charged the jury that they could award punitive damages if they found that the conduct of the utility company “was either wanton and reckless or it was malicious”, and that “a malicious act would be one where the [defendant] knows that the plaintiff had certain rights and [it] deliberately interferes with those rights”. Inasmuch as defendant took no exception to this charge and made no request with…