Binder v. Consolidated Edison Co.

Ryan, Ch. J.

The defendant’s motion for summary judgment is granted. The complaint is dismissed. Judgment may be entered accordingly. Execution of judgment for costs is stayed for ten days after service upon the attorneys for plaintiffs of notice of entry of judgment. There is no proof of fraud or of an express promise or undertaking by defendant to select a service classification for plaintiffs. There was no duty imposed upon defendant by law to select the classification. These plaintiffs made their own selection. The change in 1937 was due to the fact that the classification under which…