S & D THRIFT STORES, INC. v. EDISON


55 N.Y.2d 1013 (1982)

S & D Thrift Stores, Inc., Appellant, v. Con Edison, Also Known as Consolidated Edison of New York, Inc., Respondent.

Court of Appeals of the State of New York.

Decided February 23, 1982.


Attorney(s) appearing for the Case

Bruce S. Reznick, Jack J. Albert and Robert Long for appellant.

Joseph J. Klem and Ernest J. Williams for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


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...

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