Consol. Edison Co. of N.Y., Inc. v. Cunningham

Full title: CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Plaintiff–Respondent, v…

Court: Supreme Court, Appellate Term, First Department, New York.

Date published: Feb 28, 2014

42 Misc. 3d 143 (N.Y. App. Term 2014)

2014 N.Y. Slip Op. 50272

988 N.Y.S.2d 522

Opinion

No. 14–060.

2014-02-28

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Plaintiff–Respondent, v. Benjamin CUNNINGHAM, Defendant–Appellant.

PER CURIAM.

No basis was shown to vacate the underlying July 18, 2013 order of seizure validly obtained by plaintiff Con Edison ( seeCPLR 7102), where defendant does not dispute that he was in arrears in his utility payments or that he unjustifiably refused plaintiff's employee access to disconnect the utility meters. We would be remiss if we failed to note that defendant admittedly brandished a knife in attempting to prevent the marshal from enforcing the seizure order.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.