Opinion
September 25, 2000
Richard W. Babinecz, New York City (Helman R. Brook of counsel), for appellant.
MMCM Corp., respondent pro se.
Malena Auto Glass Corp., respondent pro se.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. PHYLLIS GANGEL-JACOB, HON. LUCINDO SUAREZ Justices.
Judgments entered October 18, 1999 (Faviola A. Soto, J.) reversed, without costs, and actions dismissed.
Liability was improperly imposed below, since it was not shown that the interruption of plaintiffs' electrical service resulted from defendant Con Edison's gross negligence or willful misconduct" as required by the defendant's filed tariff (see, Lockwood v. Niagara Mohawk Power Corp., 112 A.D.2d 495; Lee v. Con Edison, 98 Misc.2d 304). Moreover, there is no competent proof in the record to support the awards of damages. Since plaintiffs cannot prevail "according to the rules and principles of substantive law" (CCA 1807), the small claims actions must be dismissed.