S & D Thrift Stores, Inc. v. Edison

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by remitting the case to Trial Term for assessment of damages on Consolidated Edison’s first counterclaim, and, as so modified, should be affirmed, with costs.

We agree with the Appellate Division that, it being undisputed that plaintiff’s electric meter was tampered with and that plaintiff was aware of that fact, Consolidated Edison was entitled to recover for the service actually used by plaintiff, without regard to who caused the tampering. Plaintiff’s contention that Consolidated Edison cannot recover on…