Tryon v. Square D Co.

We agree with the majority’s resolution of all issues on this appeal with only one exception, namely, its finding that Supreme Court properly denied the motion for summary judgment by defendant Niagara Mohawk Power Corporation. We therefore respectfully dissent on this issue alone. In our view, liability against Niagara Mohawk is limited by the doctrine of proximate cause.

While conflicting expert evidence has been submitted concerning the precise cause of the explosion, none of the conflict relates to the precise question of whether any act or omission on the part of Niagara Mohawk was a…