Marc Miner, a member of Zalman Schnurman & Miner, writes that current New York law on liability of a public utility was clarified following the 1977 New York city-wide blackout caused by two lightning strikes hitting Con Ed equipment. In a case following that blackout, the Court of Appeals held that liability must be limited to damages arising from the utility's willful misconduct or gross negligence.
Liability of Public Utilities in the Wake of Hurricane Sandy
New York Law Journal
November 16, 2012
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