Liability of Public Utilities in the Wake of Hurricane Sandy

, New York Law Journal

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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.

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