Strauss v. Belle Realty Co.

Gibbons, J. (dissenting).

This action is yet another arising out of the 1977 New York City blackout (see Food Pageant v Consolidated Edison Co., 54 NY2d 167). The *430blackout started during the evening of July 13, 1977. Plaintiff and his wife, both 77 years of age when the blackout occurred, lived in an apartment building in Queens County owned by defendant Belle Realty Company (Belle Realty). According to plaintiff, water to their apartment was supplied by electrical pumps, and as a consequence of the electrical failure their apartment was without running water. With the blackout continuing into…