Opinion
January 4, 1990
Appeal from the Supreme Court, New York County (Diane A. Lebedeff, J.).
This case is another growing out of the city-wide blackout of July 13-14, 1977 and subsequent blackouts occurring in 1977 and 1978. Plaintiff is a joint venture which was under contract with the City of New York to construct a water tunnel in The Bronx. Because of the loss of electricity during various periods in 1977 and 1978 plaintiff was unable to work. By order entered October 29, 1987 Justice Evans granted summary judgment to the plaintiff on the issue of gross negligence. (See, Food Pageant v Consolidated Edison Co., 54 N.Y.2d 167.)
By this motion for summary judgment defendant Con Edison seeks only to limit plaintiff's damages. Plaintiff is not entitled to recover for speculative lost profits, lost revenues or lost labor productivity. (See, Koch v. Consolidated Edison Co., 62 N.Y.2d 548, 561, cert denied 469 U.S. 1210; Kenford Co. v. County of Erie, 67 N.Y.2d 257, 261; Kirsch Beverage Corp. v Consolidated Edison Co., 130 A.D.2d 718 [2d Dept 1987].)
Concur — Sullivan, J.P., Ellerin, Smith and Rubin, JJ.